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HomeMy WebLinkAbout1986_01_29 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK JANUARY 29, 1986, IN THE COURTHOUSE, 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. Peter D. Mosher Mrs. Elaine Price Absent: Mr. Patrick Kelleher Mr. J. Rene Simon Also present: Mr. Lee Hoffman, Town Counsel Mr. William Paonessa, Building Inspector Ms. Cynthia Fawcett, Recording Secretary APPROVAL OF MINUTES Mrs. Price moved, Mr. Mosher seconded, and the motion to approve the minutes of the January 7, 1986, meeting was unanimously approved. APPLICATION NO. 1 - CASE 720 The Chairman explained to the applicant that he had the choice to postpone his application until the next meeting because a unanimous vote by the three Board members present would be required for acceptance. In the discussion that followed it was revealed that a letter of opposition to this application had been received, written by a neighbor to the Board. Following consideration of the situation, the applicant, Mr. Hass, decided to postpone his application. The Board directed that this application be placed on the agenda of the February, 1986, meeting. APPLICATION NO. 2 - CASE 721 Understanding the need for a unanimous vote by the Board members present, Mr. James Nolletti chose to proceed. The application was read by the Chairman as follows: Application of Winged Foot Holding Corporation for modification of Arti- cle VIII Section 89-44-D "Supplementary Regulations, Walls and Fences" which restricts the height of fences in any required yard in a residen- tial district to four feet maximum to allow existing approximately 200 linear feet of 8 foot high chain link fence with barbed wire extension having a rear yard setback of 9 feet instead of the required minimum setback of 50 feet on the premises located at Winged Foot Golf Club, 1 January 29, 1986 Fenimore Road, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Nolletti, General Manager of Winged Foot Golf Club, stated that the fence is needed as a result of the numerous problems they have had with trespassers and vandals on the property. It is difficult to get insurance coverage, and the insurance company asked them to do something about the problem. They need to protect the Club, particularly the stor- age area from which many things have been stolen, including soil. Mr. Mosher said he had problems with the plan because it did not protect the Clubhouse, pool, or water tower, and Mr. Nolletti stated that the water tower is owned by Westchester Joint Water Works. The storage area needs protection because of its particular history of trouble. Mr. Mosher continued, stating that he did not like the idea of the barbed wire. It would most likely end in a child climbing the fence and being torn apart by it, and Mrs. Price agreed, saying that children will climb anything, with or without barbed wire. Mr. Nolletti agreed to get rid of the barbed wire, believing the fence itself to be most important. Mr. Mosher asked Town Counsel if the Town would be liable for injuries resulting from the barbed wire if this application was accepted, and Counsel answered that the Town would not be. The Chairman agreed that the idea of barbed wire was not acceptable. Mrs. Price asked how deep the pond is, and Mr. Nolletti answered five to seven feet, with Mrs. Price commenting that if a lot of people are drawn to this particular area, maybe the entire area should be looked at as an attractive nuisance. Mr. Mosher stated that an attractive nuisance is not the problem of this Board. Mrs. Price asked where the nearest home was located, and finding the location on the map, she expressed concern that this residence was fairly close and asked Mr. Nolletti if he had considered any other strategy, such as an alarm system. Mr. Nolletti responded, "Who would hear it?" Mr. Nolletti reminded the Board that there were gas pumps there, and if a car came along and hit those pumps, there would be a large problem. Mrs. Price reiterated that this application was to legalize the existing 8 foot fence which Winged Foot put up without approval, and they need to look at other possibilities, including lights, to which Mr. Nolletti re- plied that they do have lights, which have not solved the problem. The Chairman read a letter in support of the fence written by Jacques Wullschleger, of Wullschleger Sales Corporation, 1460 Broadway, New York, who is apparently a neighbor. The Chairman suggested a vote on the application, with the deletion of the barbed wire, which Mr. Nolletti agreed to. January 29, 1986 The Chairman asked the Secretary for confirmation that all notices had F-3 been sent out, which they were. Mr. Nolletti added that they planned to do whatever they could do to cooperate with the neighbors, including the trimming of a tree for one of them. He reminded the Board that the fence ran only a short distance where it did not conform to zoning. Mr. Mosher said that an underground alarm would probably not be financially feasible, and Mrs. Price emphasized that the applicant did not know be- cause he had not looked into it. There were no further questions from the Board and no comments from the public. The Building Inspector said he had no better suggestions and clearly understood that it was difficult to grow shrubs in that area. Mrs. Price moved that the application was a Type II, having no adverse environmental impact, Mr. Mosher seconded, and the motion was unanimously approved by the three Board members present. Mr. Mosher then moved to approve the application to permit the 8 foot existing chain link fence as indicated on the plan, without barbed wire, on the grounds of practical difficulty and hardship; the topography prevents growing anything substantial, and there exists a definite problem with trespassers, some of whom are vandals, and there is no other practical way to protect the storage areas. The motion was seconded by Mrs. Price, and unanimously approved by the three Board members present, and the following Resolution was adopted: WHEREAS Winged Foot Holding Corporation has submitted an application to the Building Inspector to allow the existence of an 8 foot high chain link fence approximately 200 linear feet long with a barbed wire extension having a rear yard setback of 9 feet instead of the required minimum setback of 50 feet, together with plans; and WHEREAS The Building Inspector has refused to allow such a fence on the grounds that the plans submitted failed to com- ply with the Zoning Ordinance of the Town of Mamaroneck, with particular reference to Article VIII Section 89-44-D "Supple- mentary Regulations, Walls and Fences" which restricts the height of fences in any required yard in a residential district to 4 feet maximum on the premises located at Winged Foot Golf Club, Fenimore Road, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Parcel 1; and WHEREAS Winged Foot Holding Corporation has submitted an appli- cation for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. There exists a definite problem with trespassers/vandals. 2. The topography prevents growing anything substantial there. January 29, 1986 3. There is no other practical way to protect the storage (2 areas. WHEREAS This Board has examined the plans, reveiwed the applica- tion, 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 appli- cation on the following grounds: (a) That there are special circumstances and conditions apply- ing to the land for which the variance is sought, which circumstances and/or conditions have resulted from acts of the applicant prior to the date of the Zoning Regula- tions appealed from. (b) That the said circumstances and/or conditions are as fol- lows: 1. There exists a definite problem with trespassers/vandals. 2. The topography prevents growing anything substantial there. 3. There is no other practical way to protect the storage areas except with an 8 foot high chain link fence 200 linear feet long but without a barbed wire extension thereon. 4. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VIII Section 89-44-D "Supplementary Regula- tions, Walls and Fences" would deprive the applicant of the reasonable use of the land and/or storage areas and that the variance as granted by this Board is a minimum adjustment 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 to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that a variance is hereby granted and that Article VIII Section 89-44-D "Supplementary Regulations, Walls and Fences" be varied and modified so as to allow the existence of an 8 foot high chain link fence approximately 200 linear feet long but with no barbed wire extension and having a rear yard setback of 9 feet instead of the required minimum setback of 50 feet on the premises located at Winged Foot Golf Club, Fenimore Road, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Parcel 1 in strict conformance with plans filed with this application pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is �I January 29, 1986 FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. Town Counsel Lee Hoffman questioned the applicant to see if he understood that the Board does not have the authority to require the applicant to remove the barbed wire in areas other than the part of the fence which falls under the variance. Mr. Nolletti stated that the applicant would consent to a condition that barbed wire be removed from the entire fence. ADJOURNMENT There being no further business before the Board, the Chairman moved to adjourn the meeting. Mr. Mosher seconded this motion, and the Board unanimously voted to adjourn this meeting at 8:50 P.M. Cy this Fawce t, Secre ary