Loading...
HomeMy WebLinkAbout1981_07_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 22, 1981 , 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. Laurence G. Bodkin, Jr. Mr. Peter G. Moore Mr. Stephen K. Carr Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 24, 1981 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. Mr. Boraczek explained to the applicants that they were expecting Mr. Carr but since he had not appeared as yet any applications that were heard with only three members present would have to have an unanimous vote and they had the privilege of postponing their applications to another meeting without penalty. The Chairman asked the Attorney for Application no. 7 to come before the Board first and while Mr. Forbes, the Attor- ney for the applicant, Garfield Housing Corp. was discus- sing with his clients whether they would postpone their application Mr. Carr appeared. Mr. Boraczek then read a statement to the Board in which he said as follows: "I understand that the applicant has been before the Town Planning Board. I further understand that the Planning Board has not made a decision on his application. The plans submitted to the Planning Board are not the same as is being used tonight. Under the circumstances this Board will adjourn the hearing on these applications until the Planning Board has rendered a decision" . The Chairman explained that the next application had been adjourned from the June meeting and asked the Secretary to read the application . Ls z APPLICATION NO. 1 - CASE 564 Application of Mr. and Mrs . Frederick Kriegel for modifi- cation of Article VI Section 89-34 Subsection B (2) "Con- struction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of a wood deck at the rear and side of the existing dwelling having a side yard of 3 '0" on the premises located at 9 Birchfield Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 214 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Wexler, who is the Architect for the applicants pre- sented the Board with a revised plan showing the side yard to be 5'4" instead of the 3 '0" as originally suggested. Mr. Boraczek told the applicants that he and Mr. Paonessa had been out to look at the side and since no one was at home they had peeked in the windows . The Chairman said they were able to see how narrow the kitchen and laundry was as the applicants had stated at the last meeting. The Board reviewed the revised plan and discussed the ap- plication . After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Frederick Kriegel have sub- mitted an application to the Building Inspector to allow the construction of a wood deck at the rear and side of the existing dwelling having a side yard of 3 '0" 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 (2) "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 9 Birchfield Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 214; and WHEREAS, Mr. and Mrs . Frederick Kriegel 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 . The sloping rear property is a full level below the main floor of the residence making usage of such property non-functional . 2. The present exit to the existing rear door is accessible only through a narrow kitchen and separate laundry area . 3. The proposed exit from living quar- ters is at ground level and would al- low safest access to rear yard for young child and adults . 4. Also, it would not cause the ap- plicant to cut down old healthy trees on the property. WHEREAS, this Board has examined the revised plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof, WHEREAS, the applicant has revised the plans to provide a side yard of 5 '4" instead of the previously requested side yard of 3'0", NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation 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 . Due to the topography of the lot the proposed deck will provide a more usable space at the rear of the house and the new rear entrance will provide a safer exit to the back yard. 2. Because of the location of the facilities inside the house the proposed site is the most practical . 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 (2) "Con- struction Requirements for an R-7.5 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 adjust- ment that will accomplish this purpose. 4. 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection B (2) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construction of a wood deck at the rear and side of the existing dwelling having a side yard of 5 '4" on the premises located at 9 Birchfield Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 115 Parcel 214 in strict conformance with plans filed and amended with this appplication 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 Ordi- nance where a variance is granted the appli- cant 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 566 Application of Mr. and Mrs. Horace Malfa for modifica- tion of Article VI Section 89-32 Subsection B (2) "Con- struction Requirements for an R-15 One Family Residence District" which requires a minimum side yard of 10 ft. to permit the issuance of a Certificate of Occupancy for an addition which was constructed with a side yard of 9.65 ft. on the premises located at 20 Country Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 320 Parcel 648 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Nicholas Colabella, an Attorney of 155 Fisher Avenue, Eastchester, represented the applicants , who are in the process of selling their property. When the purchasers obtained a new survey they discovered that the addition which had been made by the previous owner was in viola- tion of the 10 ft. side yard requirements of the Zoning Ordinance. The new purchaser 's bank would not close the mortgage until they receive a Certificate of Occupancy for the addition. Mr. Colabella said his client's hard- ship was because they wanted to sell the property and the practical difficulty would be if the variance was not allowed the addition would have to be torn down . Mr. Colabella presented the Board with letters from the following neighbors all approving the variance: Mr. and Mrs . Charles Seelenfreund 12 Country Road Mr. Lawrence J . Flink 11 Mr. and Mrs . Harold Fox 22 Mr. and Mrs . Rudolph Rosiello 14 Mr. and Mrs . Craig Sundahl 26 Mr. and Mrs . Stephen Tormey 17 Mr. Lawrence Johnson 10 Mr. Joseph Dinolfo, Jr. 3 Leatherstocking Lane Dr. Jordan Mitroff of 24 Country Road said he did not understand how the application for the building permit could have been approved in the first place but it was pointed out that the survey had been made in error and Mr. Paonessa was not aware that it was in violation. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the follow- ing Resolution was adopted: WHEREAS, Mr. and Mrs . Horace Malfa have submitted an application to the Building Inspector to per- mit the issuance of a Certificate of Occupancy for an addition which was constructed with a side yard of 9.65 ft. ; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Or- dinance of the Town of Mamaroneck with parti- cular reference to Article VI Section 89-32 Sub- section B (2) "Construction Requirements for an R-15 One Family Residence" which requires a minimum side yard of 10 ft. on the premises located at 20 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 648; and WHEREAS, Mr. and Mrs . Horace Malfa have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The applicant requests relief in the form of an area variance as when they purchased the house they did so on the basis that the existing survey which showed a 10 ft. side line was correct. 2 . The applicant wants to sell their property and the purchaser's bank will not close the mortgage until they have a Certificate of Occupancy for the addition. 3. The applicant will suffer extreme hardship if they cannot convey their property and practical difficulty if the addition would have to be torn down. 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 applicant was not aware when he purchased the house that it was in violation . 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-32 Subsection B (2) "Con- struction Requirements for an R-15 One Family Residence 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 adjust- ment that will accomplish this purpose. 3. 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-32 Sub- section B (2) "Construction Requirements for an R-15 One Family Residence District" be varied and modified so as to permit the issuance of a Certificate of Occupany for an addition which was constructed with a side yard of 9 .65 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 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. 3 - CASE 567 Appplication of Mr. H. Watson Paddock for modification of Article VIII Section 89-44 D "Walls and Fences " which restricts the height of fences in a residential district to 4 ft. to permit the installation of 81 lin . ft. of 6 ft. high wooden fence along the westerly side of Weaver Street on the premises located at 80 Howell Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 405 Parcel 390 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Anthony Paddock presented his application to the Board and said that they were asking for a variance to extend a fence that was being erected by Mr. and Mrs . Whelan who had been granted a variance. Mr. Paddock pointed out that according to the specifications from the Fence Company they were only requesting the installa- tion of 28 lin. ft. of fence. The Board pointed out that Mr. and Mrs . Whelan had not installed their fence as yet. After further discussion the Board asked Mr. Paddock to come back next month with the survey amended showing where the 28 lin. ft. of fence which they were request- ing was located. The Chairman asked the Secretary to read the next appli- cation . APPLICATION NO. 4 - CASE 568 Application of Mrs. Adrienne Lefkowitz for modification of Article VI Section 89-31 Subsection B (3) (a) "Con- struction Requirements for an R-20 One Family Residence District" which requires that on a corner lot a minimum rear yard of 40 ft. be provided to allow the construc- tion of a one story addition at the rear of the dwell - ing creating a rear yard of 27 ft. more or less on the premises located at 4 Split Tree Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 305 Parcel 1114 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Lefkowitz presented her application to the Board and said she wanted to extend her present living room. The applicant said because she is on a corner lot the present code imposes stringent side yard requirements and the proposed addition will not invade anyones pri- vacy. Mrs . Lefkowitz further said that there are hedges there at present and the addition will be attractive from the street. The Board asked how many people live in the house and how many rooms and the applicant replied that two people live in the house and there are three bedrooms. Mrs . Lefkowitz said the rooms in the house are all large ex- cept the one in question and she wanted to have room for company so she did not have to use "tents" . In con- clusion Mrs . Lefkowitz said the proposed plan will not require the removal of any trees or any radical change in landscaping and she does not want anything that will detract from the neighborhood. Dr. and Mrs . Hallinger of 2 Split Tree Road said they would object when the trees lose their leaves and they would be able to see the addition sticking out. Mrs . Lefkowitz said that the hemlocks are 12 ft. tall and at present they are dense. Mr. Andrew Milstein of 12 Murdock Road said he liked the area because the houses are far apart and would ob- ject if the houses were closer together. It was pointed out that even if the variance was granted it would still be 60 ft. between the two residences . After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Boraczek - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay Commissioner Carr - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mrs . Adrienne Lefkowitz has submitted an application to the Building Inspector to al- low the construction of a one story addition at the rear of the dwelling creating a rear yard of 27 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 the Zoning Or- dinance of the Town of Mamaroneck with particu- lar reference to Article VI Section 89-31 Sub- section B (3) (a) "Construction Requirements for an R-20 One Family Residence District" which requires that on a corner lot a minimum rear yard of 40 ft. be provided on the premises lo- cated at 4 Split Tree Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 305 Parcel 1114; and WHEREAS, Mrs . Adrienne Lefkowitz has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1 . The lot in question is a corner lot for which the present code imposes stringent side yard requirements . 2. Appellant would like to extend the living room and this plan is least intrusive on neighbors . 3. The plan eliminates the need to blast. 4. The plan affords a southern ex- posure which maximizes the use of solar energy. 5. The internal organization of rooms calls for this plan . 6 . The plan does not require the removal of any trees or any radical change in landscaping and yet retains the attractiveness of the exterior view of the house from the street, side and rear. 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 denies the applica- tion on the following grounds : 1 . That the applicant failed to show that the existing dwelling could not be altered to provide additional liv- ing space. 2. That the applicant failed to show that the proposed addition could not be constructed due to the location of the dwelling or existing topograph- ical conditions without area variances . 3. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive her of the reasonable use of the land. 5. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Or- dinance and would be injurious to the neighborhood or otherwise detrimental to the public 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- cation. APPLICATION NO. 5 - CASE 569 Application of Dr. Fernand L. Mac-Moune for modification of Article VI Section 89-34 Subsection B (3) (a) "Con- struction Requirements for an R-7.5 One Family Residence District" which requires that on a corner lot a minimum rear yard of 25 ft. be provided to allow the construc- tion of a wood deck at the rear of the property maintain- ing an existing non-conforming rear yard of 13.45 ft. on the premises located at 1 Highwood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Mac-Moune presented his application to the Board and said that they thought the proposed location was the most reasonable choice to build the deck. Dr. Mac-Moune stated that they felt the proposed deck would not aestheti- cally alter the value of the house. At present the rear yard is 5 '6" below the living area of the house and it is inconvenient to use the back yard . The applicant further said that the proposed deck will not encroach into the rear yard any further than at present and they wanted a safe place for their children to play. Mr. Bodkin asked the applicant if they made use of the patio that is there now and Dr. Mac-Moune said it is not convenient since it is away from the kitchen. Dr. Mac-Moune said he was planning to remove the patio and Mr. Moore asked as to whether one of the reasons for the location of the deck was for privacy from Forest Avenue. Mr. Wexler, who is Dr. Mac-Moune 's Architect said that the deck could only be placed in the proposed location and the reason for Dr. Mac-Moune 's hardship was because he is on a corner lot. Mr. Wexler said they had picked the proposed location because of the proximity to the kitchen and it was being built 5 '6" above grade because if it was brought down to grade it would be necessary to step down from the living room. It was pointed out that presently there are shrubs at the rear of the pro- perty and the applicants propose to add some more. The Mac-Mounes said they had spoken to their neighbors and they had no objections. The Board discussed the plan that had been submitted and asked the applicant if they would consent to making the deck smaller. After discussing the plan with the Archilct the applicants agreed to cut the deck down from gC. Z 15 '7" to 12 '1 " and the Board decided to vote on the amended plan. The result was as follows : Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved as amended and the following Resolution was adopted : WHEREAS, Dr. Fernand L. Mac-Moune has submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the property maintaining an existing non-conforming rear yard of 13.45 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-34 Subsection B (3) (a) "Construction Require- ments for an R-7.5 One Family Residence Dis- trict" which requires that on a corner lot a minimum rear yard of 25 ft. be provided on the premises located at 1 Highwood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 1 ; and WHEREAS, Dr. Fernand L. Mac-Moune has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . Because the rear yard is 5 '6" below the living area of the house it is inconvenient to use and is not easily accessible. 2 . The existing side yard is too dangerous for the applicant's very young children to play in as Forest Avenue is a busy thoroughfare. 3 . The proposed deck is therefore a necessity and the only space to do it successfully and with the least impact on the existing house is in the rear yard. 4. The proposed deck will have the same setback as now exists . 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, and WHEREAS, this Board has requested the applicant to amend the plan to show the deck 12 '1 " instead of the 15 '7" originally asked for and the appli- cant has agreed to amend the plan; 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 deck will not encroach any further into the rear yard than the existing dwelling. 2. That the proposed deck would provide access from the kitchen and also would provide access to the rear yard. 3. That said circumstances and conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (3) (a) "Construction Requirements for an R-7 .5 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 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 Sub- section B (3) (a) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the con- struction of a wood deck at the rear of the property maintaining an existing non-conform- ing rear yard of 13 .45 ft. on the premises located at 1 Highwood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 1 in strict conformance with the plans filed and amended with this application provided that the applicant com- plies 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. 6 - CASE 570 Application of Mr. Thomas Guglielmo for modification of Article VII Section 89-41 Subsection A (3) and E "Construc- tion Requirements for a "[i" Business District" and required off-street parking facilities which permits a maximum building coverage of 25% and minimum off-street parking space for 19 cars to allow the construction of an addi- tion to the existing commercial building and off-street parking spaces creating a building coverage of 34% and providing off-street parking for 16 cars on the Tax Assess- ment Map of the Town of Mamaroneck as Block 132 Parcel 61 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Notaro, an Attorney, represented the applicant and said that Mr. Guglielmo had had a similar application before the Board in 1973 which had been approved. The applicant was not able to complete the work because of the economy and the abundance of rental space in the area at that time . The present application has a slight vari- ance from the previous one as at that time he was provid- ing 17 parking spaces and the application he now has before the Board provides for 16 parking spaces . The proposed addition will face Fifth Avenue and the applicant proposed dividing it into four bays to be rented for either office space or stores . Mr. Moore questioned as to whether it would be necessary for the applicant to provide a loading space. Mr. Guglielmo said he parked his trucks overnight but they went out every day which would provide a place for trucks to park when they deliver. Mr. Boraczek said he thought the trucks would unload in the front of the building but a question was raised as to the traffic on Fifth Avenue. The applicant had submitted letters from the following neighbors which were read by the Chairman, approving the application: Mr. Auricchio, Premium Landscaping, 635 Fifth Avenue Collins Bros . Moving Corp. , 620 Fifth Avenue Mr. Lou Giacomo, 5 Lester Place Mr. Patsy Giacomo, Gainsborough Realty Corp. , 93 Madison Ave . After further discussion the Board asked the applicant if he would amend the plan to show one off-street load- ing space without interfering with the 16 spaces that are presently shown on the plan . The Board voted on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Thomas Guglielmo has submitted an application to the Building Inspector to allow the construction of an addition to the existing commercial building and off-street parking facilities creating a building cover- age of 34% and providing off-street parking for 16 cars 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 VII Section 89-41 Subsection A (3) and E "Con- struction Requirements for a "B" Business Dis- trict" and required off-street parking of the Zoning Ordinance of the Town of Mamaroneck which permits a maximum building coverage of 25% and minimum off-street parking spaces for 19 cars on the premises located at 626 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 61 ; and WHEREAS, Mr. Thomas Guglielmo has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . A variance had been granted in 1973 to construct an addition to the existing building but due to the abundance of desired rental space in the area and the economy the work was not completed. 2. Existing conditions now permit the applicant to proceed with the proposed addition and development of the site in accordance with the amended plans. 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, and WHEREAS, this Board has requested the appli- cant to amend the plan to show one off-street loading space without interfering with the 16 off-street parking spaces shown on the plan; NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation as amended 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 addition and the use of the property will conform to the area . 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VII Section 89-41 Subsection A (3) and E "Construction Requirements for a "B" Business District" and required off-street park- ing facilities 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 the minimal adjustment that will accomplish this purpose. 3. 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 VII Section 89-41 Subsection A (3) and E "Construction Require- ments for a "B" Business District" and required off-street parking be varied and modified so as to allow the construction of an addition to the existing commercial building and off- street parking creating a building coverage of 347 and providing off-street parking for 16 cars on the premises located at 626 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 61 in strict conformance with the plans filed and amended with this application provided 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. 8 - CASE 572 Application of Mr. and Mrs . Michael Bangser for modifi- cation of Article VIII Section 89-44 D "Walls and Fences" which restricts the height of fences in a residential district to 4 ft. to permit the installation of 50 lin. ft. of 8 ft. high wooden fence along the rear property line on the premises located at 96 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 845 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mr. Michael R. Bangser presented his application to the Board and said he was requesting permission to erect a fence to divide his back yard from his neighbors in the rear. Mr. Bangser said his neighbor last year had built a deck about 6 or 7 ft. high which reduces his sense of privacy. The applicant said they had been unable to grow sufficient bushes at the rear of the property and that since he has filed his application he has found that a 6 ft. fence would help. Mr. Boraczek said that he had looked at the site and there were bushes there now. It was pointed out that Mr. Bangser's neighbor's deck was 50 ft. back from the line. Mr. Bangser said when they had bought their house the deck was not there and their kitchen window faces the deck. The Chairman advised Mr. Bangser they would vote on an amended plan for a 6 ft. fence rather than the 8 ft. he originally requested . The Board voted on the amended application and the result was as follows: Commissioner Boraczek - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay Commissioner Carr - Aye The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs . Michael Bangser have submitted an application to the Building In- spector to permit the installation of 50 lin. ft. of 8 ft. high wooden fence along the rear property line 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 VIII Section 89-44 "Walls and Fences" which restrict the height of fences in a residential district to 4 ft. on the premises located at 96 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 845; and WHEREAS, Mr. and Mrs . Michael Bangser have submitted an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . The applicant has been unable to grow sufficiently thick bushes at the rear of their property. 2. Since their neighbor has recently built a deck at the back of their house which they use frequently they think the fence would create greater comfort and privacy for all concerned. 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, and WHEREAS, the applicant requested that the ap- plication be changed to a 6 ft. fence instead of 8 ft. , NOW, THEREFORE, BE IT RESOLVED, that this Board denies the application on the following grounds : 1 . That the applicants failed to show that a four foot high fence and/or shrubbery would not provide privacy. 2. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or conditions 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 would not be in harmony with the gen- eral purposes and intent of this Or- dinance and would be injurious to the neighborhood or otherwise detrimental to the public welfare . 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 10:30 P.M. Rita A. Johns , , Secretary