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HomeMy WebLinkAbout1971_12_01 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD DECEMBER 1, 1971, IN THE COURT ROOM OF THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Price H. Topping Mr. Donald D. Geary, Jr. Absent: Mr. E. Robert Wassman APPROVAL OF MINUTES The minutes of the meeting of October 27, 1971 were presented and on motion duly made and seconded, ap- proved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. The Chairman explained to the applicants that because there were only three members present their appli- cations would require an unanimous vote and if they desired their applications could be held over to a later meeting without penalty. The applicants decided to have their cases heard. APPLICATION NO. 1 - CASE 350 Application of Mrs. Frances Galati for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations Note A for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a one family dwelling having a mini- mum setback from Lundy Lane of 20 feet instead of the required minimum setback from street lines of 30 feet on the premises located on Lundy Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 502 part of Parcel 99 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Frances Galati presented her application to the Board and stated that she owned the land in ques- tion since 1954. The applicant said at the time she purchased the land Lundy Lane did not exist and that the house in which she now lives was built in 1961. Mrs. Galati stated that they had plans drawn up in 1965 to build on the site in question but had 7'`10 decided against it and at that time they could have built the house without a variance. It was pointed out that before the existence of Lundy Lane the lot was a buildable lot and it was only necessary to provide a 10' side yard. Mr. Joel Popper of 11 Lundy Lane stated that if the variance was granted he wanted to know what type of a house the Galatis intended to build. The Chair- man invited any one who was interested to examine the plan. Mr. James Theoharides of 82 Iselin Terrace expressed concern over the fact that the proposed house was too small for the neighborhood and he did not want to look down from his house and see the top of a roof. Mr. Leland Monroe of 32 Harrison Drive stated that he wondered if for the protection of the people in the area there would be sufficient sight distance to get out to Harrison Drive. Mr. Eggers said that according to the plan the distance was ample as pro- vided by law. The Chairman pointed out that according to the plan the house was a ranch type and although the plan only provided for one story with two bedrooms an additional floor could be added with two more bed- rooms. Mr. Kenneth Endick, 84 Iselin Terrace and Mr. Ger- ald Kaufman of 8 Lundy Lane also expressed their concern as to whether the proposed house conformed to the homes presently in the neighborhood. Mr. Eggers pointed out that it would be necessary for Mrs. Galati to obtain approval from the Planning Board for the subdivision of the lot and if the ap- plication was approved by the Zoning Board it would be subject to the approval of the Planning Board. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Topping - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Frances Galati has submitted an application for a building permit to the Building Inspector for the construc- tion of a one family dwelling together with plans; and c1/ 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 Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations Note A for an R-7.5 Residential District of the Zoning Ordinance which requires a minimum setback from street lines of 30 feet on the premises located on Lundy Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 502 part of Parcel 99; and WHEREAS, Mrs. Frances Galati has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. At the time the applicant purchased the property in 1954 it was a buildable lot. 2. Because of ill health Mr. and Mrs. Galati would like to build a smaller home for their own use. 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 grants the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/ or buildings in the district and which circumstances and con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: /t79 1. At the time the applicant purchased the lot in question it was a buildable lot. 2. This condition was brought about when Lundy Lane was deve- loped. (c) That the granting of this variance will be 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 to the applicant and that Article IV Section 410 Note A Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance be varied and modified so as to allow the construction of a one family dwelling on a lot having a minimum setback of 20 feet from Lundy Lane instead of the required minimum setback from street lines of 30 feet on the premises located on Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 part of Parcel 99 in strict conformance with plans filed with this application and amended, 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 permis- sion from the Planning Board to subdivide the lot. 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 date 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. 7Cf ?7 The Chairman asked the Secretary to read the next application which had been held over from the meet- ing of October 27, 1971. CASE 348 Application of Dr. Lester H. Grant for modification of Article IV Section 421.4 Walls and Fences of the Zoning Ordinance which restricts heights of fences in a Residential District to 4 feet so as to permit the installation of 35 lin. ft. of 5' high wooden fence along a portion of the rear property line on the premises located at 69 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 166 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Grant presented his application to the Board and stated that he would like permission to keep the 5' high wooden fence he had erected. The appli- cant stated that before he had erected the 35 lin. ft. of 5' high fence there was already approximately 25' of 5' fence on the property and he wanted the new fence to match the existing one. Dr. Grant said that he was not aware that he had been in violation and apologized for not being at the previous meeting. The Chairman pointed out that he felt part of the responsibility for the violation was with the fence company who had installed the fence and that most companies in the area are aware of the Town's regu- lations. It was pointed out that the original ap- proximately 27' of fence had been there for at least ten years. Mrs. Alison of 7 Maple Hill Drive whose property abuts the fence in question stated she did not rea- lize the fence was 5 ft. high as it appears to be much lower and she was in favor of the application. Correspondence had been received from several other neighboring property owners in favor of the appli- cation. After a brief discussion on the application a vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Topping - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Dr. Lester H. Grant was served with a Notice of Violation for the erection of 35 lin. ft. of 5' high wooden fence along a portion of the rear property line / 02�� on the premises located at 69 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 166; and WHEREAS, the Building Inspector has issued such Violation on the ground that the erec- tion of said fence violated Article IV Section 421.4 Walls and Fences of the Zon- ing Ordinance of the Town of Mamaroneck; and WHEREAS, Dr. Lester H. Grant has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. There was already approxi- mately 25' of 5' fence on the property and the applicant wanted to match the existing fence. 2. The extension of the fence will be more attractive and will permit the planting of shrubs and flowers in a more orderly condition. WHEREAS, this Board has examined the plan, 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 ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings in the district, and 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 aforesaid circum- stances and/or conditions are as follows: 1. The 27' of fence that was originally on the property had been there for quite some time and if the extension was only 4' high it would not match. 2. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 421.4 Walls and Fences would de- prive the applicant of the reasonable use of such land and/or building and that for these reasons the grant- ing of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this pur- pose. (c) That the granting of this variance will be 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 to the applicant and that Article IV Section 421.4 Walls and Fences be varied and modified so as to allow the erection of 35 lin. ft. of 5' high wooden fence along a portion of the rear property line on the premises located at 69 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 166 in strict conformance with the plans filed with this application and amended, 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 build- ing permit shall be void if construction is not started within six months and com- pleted 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 9:15 P.M. Rita A. Johnson, Secretary 1 ‘ `/ 7 _�