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HomeMy WebLinkAbout1981_05_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 27, 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. Egbert R. Hardesty Mr. Laurence G. Bodkin, Jr. Mr. Stephen K. Carr Absent: Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 22, 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 asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 560 Application of Mr. and Mrs. James Whelan 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 allow the installation of 67 l .f. of 6 ft. high wooden fence along the rear property line and westerly side of Weaver Street on the premises located at 129 Car- leon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcels 372 and 376 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Whalen presented his application to the Board and said that when they purchased their property from the previous owner they had been informed that they had been granted a variance for the 6 ft. fence after the Town had constructed the sidewalk along Weaver Street. Mr. Whalen stated that they wanted to continue the fence since they have had vandalism on their property, teenagers rid- ing bikes and it is heavily used as a common thoroughfare by both children and adults . D 33 Mr. Boraczek asked if a 4 ft. fence would not solve the problem and Mr. Whalen said he thought aesthetically the 6 ft. fence would look better as it would match the exist- ing fence. A question was asked as to why the previous owner had not continued the fence. Mr. Paonessa said that at the time the previous owner received the variance it had been a separate lot which Mr. Whalen has cleaned out. A letter was read by the Chairman from Mrs . Patricia Kelly of 1 Meadow Place who said she and her husband supported the Whalen 's application and that until recently there had been large trees between the Whalens property and Weaver Street which constituted a natural barrier between the applicant's property and heavily traveled Weaver Street. Mr. Kenneth Nixon of 74 Howell Avenue appeared before the Board and said that Mr. Whalen 's statements regard- ing vandalism, etc. were all true. Mr. Nixon stated that the 6 ft. fence would look nicer and anyone could get over the 4 ft. fence. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . James Whelan have submitted an application to the Building Inspector to allow the installation of 67 lin . ft. of 6 ft. high wooden fence along the rear property line and westerly side of Weaver Street 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 VIII Section 89-44 D Walls and Fences which restricts the height of fences in a residential district to 4 ft. on the premises located at 129 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcels 372 and 376; and WHEREAS, Mr. and Mrs. James Whelan have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons : 1 . Previous owners had been granted a variance in 1968 for construction of a 6 ft. fence which was only com- pleted on a portion of the property facing Weaver Street. 2. Applicants want to finish the fence along Weaver Street to protect their property since it is heavily used as a common thoroughfare by children and adults. 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 granted the appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . That the topography of the land adjacent to Weaver Street is such that a four foot high fence would not deter vandals from entering the property. 2. The proposed 6 ft. fence will match the existing fence that had been constructed by the previous owner after obtaining a variance. 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VIII Sec- tion 89-44 "Walls and Fences" would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the reason- able use of the land and/ or building and that the variance as granted by this Board is the minimum adjust- ment that will accomplish this purpose. (c) That the granting of the vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VIII Section 89-44 D "Walls and Fences" be varied and modified so as to allow the installation of 67 lin. ft. of 6 ft. high wooden fence along the rear pro- perty line and westerly side of Weaver Street on the premises located at 129 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcels 372 and 376 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 Mama- roneck. 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 561 Application of Mr. David R. Paley for modification of Article VI Section 89-30 Subsection B (1 ) "Construction Requirements for an R-30 One Family Residence District" which requires a minimum front setback of 50 ft. to al- low the construction of a one story addition having a front setback of 30.5 ft. more or less from Weaver Street on the premises located at 705 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 168 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Paley presented his application to the Board and said that the room at present is not useful . The applicant said they want to add a small bathroom and the present house has only two bedrooms . Mr. Paley said that the existing room is presently nonconforming and is hidden by a high stone wall on Weaver Street. The proposed plan, also, shows a patio and sunroom which will provide access to the house. After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Carr - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. David R. Paley has submitted an application to the Building Inspector to allow the construction of a one story addition having a front setback of 30.5 ft. more or less from Weaver Street 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 89-30 Subsection B (1 ) "Construction Requirements for an R-30 One Family Residence District" which requires a minimum front setback of 50 ft. on the premises located at 705 Weaver Street and known on thei.Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 168; and WHEREAS, Mr. David R. Paley has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . The only way that the present room can be made useful as a bedroom for a youngster is to extend the back wall of the room some five feet so that a small bathroom (shower stall , toilet and sink) may be installed. 2. The existing room which was con- structed many years ago and is a non- conforming use, is hidden by a high stone wall that extends along the en- tire Weaver Stheet property line. 3. The proposed modification will not extend the room any closer to Weaver Street and will enable the entire house to be used more appropriately. 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 2 7 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 proposed addition will make the present room a useable bedroom since presently there are no toilet facilities at that end of the dwelling. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-30 Subsection B (1 ) "Con- struction Requirements for an R-30 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 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 VI Section 89-30 Sub- section B (1 ) "Construction Requirements for an R-30 One Family Residence District" be varied and modified so as to allow the construction of a one story addition having a front setback of 30.5 ft. more or less 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 next appli- cation . APPLICATION NO. 3 - CASE 562 Application of Mr. Johan DeVoogd and Ms . Magda Ferencz for modification of Article VI Section 89-34 Subsection B (2) & (3) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. to allow the construction of a wood deck at northeast corner of property having a rear yard setback of 1 '0" and a side yard setback of 1 '0" on the premises located at 76 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 109 Parcel 194 on the grounds of prac- tical difficulty and/or unnecessary hardship. Ms . Ferencz presented her application to the Board and stated that they have only 12 ft. on the side and 14 ft. in the back and before they had a child they did not use the property. Ms . Ferencz said that there isn 't any place where her 2 yr. old baby can be out where she can watch him and she needs a deck at least 12 ft. wide so she can have room for a table and some chairs . Mr. Boraczek read a letter from Dr. and Mrs . Martin Scwhartz who reside at 72 Vine Road stating that their property was adjacent to the applicants and they had studied the plans for the deck. Dr. and Mrs . Schwartz said in their letter they had no objection to the construction . Mrs . Arthur Topol of 49 Knollwood Drive whose property adjoins the applicants said she was concerned about the deck being so close to her property line. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay Commissioner Carr - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. Johan DeVoogd and Ms . Magda Ferencz have submitted an application to the Building Inspector to allow the construction of a wood deck at the northeast corner of property having a side yard setback of 1 '0" and a rear yard setback of 1 '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 the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-34 Subsection B (2) & (3) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. on the premises located at 76 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 109 Parcel 194; and WHEREAS, Mr. Johan DeVoogd and Ms . Magda Ferencz have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1 . There is no place for the appli- cant's baby son to be outside without constant supervision. 2. House is a corner property and was uniquely located many years ago and there is no usable area on the current property. 3. There is practical difficulty and there is no other possible place for a deck and/or have access through . 4. Deck would be equal grade to adjacent property. 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 applicants failed to show that the proposed structure could not be located or constructed on the property without requiring greater area variances . 2. That there are no special circum- <7. i 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 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 Ordi- nance 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 9:00 P .M. ita A. Johnso , Secretary