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HomeMy WebLinkAbout1982_05_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 26, 1982, 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 G. Moore Mr. Stephen K. Carr Mr. Peter D. Mosher Also present: Mr. William Paonessa , Building and Plumbing Inspector PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. APPLICATION NO. 1 - CASE 591 This application was adjourned from the last meeting. Application of Mr. and Mrs. George Lee for modification of Article VIII Section 89-44 D "Walls and Fences" which prohibits the height of fences in a residential district over 4 ft. to allow the installation of 40 lin. ft. of 6 ft. high wooden fence along a portion of the northerly property line on the premises located at 6 Meadow Place and known on the Tax Assessment Map of the Town of Mama- roneck as Block 404 Parcel 633 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Lee appeared before the Board in support of his ap- plication and Mr. Boraczek explained that the reason the case had been adjourned from last month's meeting is because they wanted to see if there was anything in the files to show that either a variance or special per- mit had been granted for the erection of the 6 ft. fence which is at present on the property. Mr. Paonessa said that he had searched the files and could find no record that a variance or special permit had been granted for the erection of the 6 ft. fence. Mr. Paonessa further said that he had gone back to three previous owners into the early fifties. At the previous meeting Mr. Boraczek had read a letter from Mrs. Patricia Kelly of 1 Meadow Place in which she stated that the fence in question had been erected at least 15 years ago. Mr. Paonessa explained that the present zoning went into effect in 1959 at which time permission for a 6 ft. fence was put in the hands of the Zoning Board. Previous to 1959 a Special Permit was required from the Town Board. Mr. Boraczek explained to Mr. Lee that the present fence is now in violation. Mr. Lee said if they were only allowed a 4 ft. fence it would give them no privacy and would not divide his house and garage from his neighbors. The applicant fur- ther said that if they are only allowed a 4 ft. fence they would still be able to see their neighbor's activities and they would have no privacy at all . Mr. Moore questioned the location of the driveway and hedges on the survey submitted with the application and Mr. Paonessa pointed out that there is a question as to whether the fence is located on Mr. Lee's property or his neighbor' s. Mr. Moore then asked Mr. Lee if he had thought of putting in more hedges and Mr. Lee said his neighbor was willing to pay part of the expense of the fence. Mr. Moore asked Mr. Lee if he had discussed with his neighbor the possibility of putting in hedges or some other shrubs to replace the fence. Mr. Boraczek explained to Mr. Lee that aesthetically shrubbery would look much better and provide more privacy. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Moore - Nay Commissioner Carr - Nay Commissioner Mosher - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs. George Lee have submitted an application to the Building Inspector to al- low the installation of 40 lin. ft. of 6 ft. high wooden fence along a portion of the north- erly 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 Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VIII Section 89-44 "Walls and Fences" which prohibits the height of fences in a residential district over 4 ft. on the pre- mises located at 6 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 633; and WHEREAS, Mr. and Mrs. George Lee have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The present five sections of red- wood basketweave fence with 6 ft. high and 8 ft. width each are in very bad shape. 2. Applicants intend to replace them with five sections of all cedar stock- ade fence 6' x 8' . 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 denies the applica- tion on the following grounds : 1 . That the applicants failed to show that a four foot high fence and/ or shrubbery would not provide pri- vacy. 2. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or con- ditions 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 them to the variance are not such as would deprive them of the reason- able 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. APPLICATION NO. 2 - CASE 593 Application of Bonnie Briar Country Club for modifica- tion of Article VI Section 89-30 Subsection B (2) (a) "Construction Requirements for an R-30 Residential Dis- trict" which requires a minimum side yard of 20 ft. to allow an addition to the existing pro shop maintaining an existing nonconforming side yard of 8 ft. on the premises located on Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. The Bonnie Briar County Club was represented by Mr. Thomas Gallin , who is on the Board of Governors and Mr. Michael F. Carpeniello, who is the President of the Club. Mr. Paonessa explained to the members of the Board that the use of the Club is nonconforming and in addition to a variance for the side yard setback the Club will have to obtain a Special Permit from the Town Board. Mr. Gallin told the Board that the Club wanted to add to the present pro shop structure to provide rest rooms mainly for the use of people using the tennis courts. Mr. Gallin said their hardship at present was that the members had a considerable distance to walk when using the existing facilities to the present rest rooms. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS , the Bonnie Briar Country Club has sub- mitted an application to the Building Inspec- tor to allow an addition to the existing pro shop maintaining an existing nonconforming side yard of 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 Article VI Section 89-30 Subsection B (2) (a) "Construc- tion Requirements for an R-30 Residential Dis- trict" which requires a minimum side yard of 20 ft. on the premises located on Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225 Parcel 1 ; and WHEREAS , the Bonnie Briar Country Club has 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 existing structure is noncon- forming and there will be no adjacent building except one which is more than 50 ft. from the property line. 2. The purpose of the addition is to eliminate the necessity for members and guests using the existing faci1ites to walk a substantial distance in order to reach the existing toilet facilities. 3. Any other manner of construction would encumber parking facilities. 4. The new structure can only be placed where it is planned. 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 circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions are as follows : 1 . The proposed addition will not be any closer to the side line than the pre- sent building. 2. The proposed addition will provide extra toilet facilities for the Club. 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-30 Subsection B (2) (a) "Construction Requirements for an R-30 Residential District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimum adjustment that will accom- plish 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 89-30 Sub- section B (2) (a) "Construction Requirements for an R-30 Residential District" be varied and modified so as to allow the construction of an addition to the existing pro shop main- taining an existing nonconforming side yard of 8 ft.+ on the premises located on Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225 Parcel 1 in strict conformance with plans filed with this application, subject to the following condition provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. That the applicant obtain approval from the Town Board for a Special Permit. 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:00 P.M. Rita A. Johns n, Secretary