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HomeMy WebLinkAbout1970_02_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 25, 1970, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD 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. E. Robert Wassman Mr. Henry E. Mullick Mr. Price H. Topping Mr. Donald D. Geary, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meetings of January 7th and Jan- uary 28, 1970 were presented and on motion duly made and seconded approved 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 asked the Secretary to read the appli- cation of Mr. and Mrs. J. K. Hartman, Jr. which had been held over from the meeting of January 28, 1970. APPLICATION NO. 1 - CASE 320 Application of Mr. and Mrs. J. K. Hartman, Jr. for modification of Article IV, Section 421.4, Fences and Walls of the Zoning Ordinance which restricts heights of fences to 4 feet so as to allow the in- stallation of 165 linear feet of 6' high wood stock- ade fence along a portion of the northerly and west- erly property line on the premises located at 15 Althea Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Parcel 376 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Eggers explained to members of the Board that this application had been modified at the last meet- ing from the original application to less than 100 linear feet of fence at the rear of the property line and Mr. Crozier had presented the Board with a new plan further amending the application. The applicants are requesting 66 linear feet of 6' high � � /9 wood stockade fence along the westerly property line, joining a 4' fence for the remaining area. Mr. Peter Crozier represented the applicants and asked if any members of the Board had been out to look at the property. Mr. Eggers said he had been out to the site and was aware that there was a drop off of 2 feet or more where the 6' fence was to be installed. Mr. Eggers asked if the applicants had any other reason for the installation of the fence except for privacy as the Board did not consider privacy a hard- ship except in cases where the property was adjacent to a business district or where people continually crossed over the property. The Chairman said that there is presently some hem- locks on the site and the property seems ideal for growing shrubbery. Mr. Eggers stated that hemlocks grow as high as 15' and could be grown anywhere along the property line but would not be an immediate so- lution to the privacy problem. The Board pointed out that there would be approxi- mately 258' of 4' high fence plus 66' of 6' high fence. The Board questioned as to whether the 4' fence would blend in with the 6' fence. Mr. Crozier said that because of the topography of the lot the 6' portion was in a lower depression but it would not be completely separate. The section of fence at the top of the terrace would blend in. Mr. Crozier, also, said that looking from the outside it does not block any of the house only the area of the yard. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Nay Commissioner Geary - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. and Mrs. J. K. Hartman, Jr. have submitted an application to the Build- ing Inspector for a building permit for the erection of 165 linear feet of 6' high wood stockade fence along a portion of the northerly and westerly property line on the premises located at 15 Althea Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Par- cel 376; and 11 WHEREAS, the Building Inspector has refused to issue such permit on the ground that I(: erection of said fence would violate Article IV Section 421.4 Fences and Walls of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mr. and Mrs. J. K. Hartman, Jr. have submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: The applicants want the property fenced in for privacy. WHEREAS, the applicant amended the plan to less than 100 linear feet of fence at the rear of the property line and then further amended the plan to provide for 66 linear feet of 6' high wood stockade fence along the westerly property line adjacent to a 4' fence for the remaining area; and WHEREAS, this Board has examined the amended plan and application and has heard all per- sons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board denies the ap- plication as amended on the following grounds: 1. The applicant failed to show sufficient reason why a four foot fence would not provide the nec- essary privacy. 2. The Board finds no facts exist sufficient to justify the erection of 66 linear feet of 6' high fence as requested, NOW, THEREFORE, BE IT RESOLVED, that the above amended applica- tion for a building permit to erect 66 linear feet of 6' high wood stockade fence be denied. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. 17/f ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:30 P.M. Rita A. Johns , Secretary