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HomeMy WebLinkAbout1970_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, 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. Donald D. Geary, Jr. Absent: Mr. Henry E. Mullick Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 27, 1970 were pre- sented 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. CASE 328 - APPLICATION OF MONTEREY REALTY CO. The Chairman stated that the hearing on this appli- cation was closed and the Board would reserve deci- sion until the applicants present the necessary docu- ments for final judgment to be made. The Chairman asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 329 Application of Mrs. Beatrice Peters 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 125 lin. ft. of 5'6" high wooden fence along the rear property line on the premises located at 1 Briar Del Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204 Parcel 292 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Peters presented their application to / 6 the Board. The applicants stated that before they had put up the fence they had asked Mrs. Byrne to come over and look at the view they had of Mrs. Byrne's garage, air conditioner, dog run and roll of wire. Mrs. Peters stated that Mrs. Byrne said she had no objection to the fence. The applicant said she did not know she was violat- ing the Zoning Ordinance at the time she had the Bell Fence Company install the fence. Mrs. Peters said she signed a contract which stated that the Bell Fence Company was not responsible if there was any kind of a violation. The Chairman asked the applicants how long they had lived in the house and if the condition existed at the time they purchased the property. The applicants said they bought the house about three years ago and that the condition existed at that time but they did not become really aware of the obnoxious view until after they finished the addition to their house. The Board pointed out that the Peter's property was higher than the Byrne's lot and asked the applicants if a 4' fence would not suffice. Mrs. Peters said that Mrs. Byrne's dog run was as high as her fence and was only 3 or 4 feet from her property. The applicant stated that Mrs. Byrne had told her nothing would grow in that particular location because it was too dark. The Secretary presented a letter to the Chairman which had been received from Mr. William G. Byrne, 22 Winged Foot Drive objecting to the application. The Chairman asked if there was anyone present either in favor or opposed to the application and Mr. and Mrs. Willner of 4 Briar Del Circle said they were in favor. The Chairman then explained to the applicants that hec'hadmeglected to tell them at the beginning of the meeting that because there were only three mem- bers present their applications would have to be passed unanimously and if they did not want to have the Board vote on their application they could have it postponed until another meeting when five Board members were present. Mr. and Mrs. Peters said they would postpone their application until a full Board was present but Mr. Cunningham the second ap- plicant declined to adjourn his application. The Chairman advised the Building Inspector not to prosecute Mrs. Peters for the violation until a deci- sion is reached by the Board. The Chairman requested the Secretary to read the second application. 1 1 6 APPLICATION NO. 2 - CASE 330 Application of Mr. Edward P. Cunningham for modifi- cation of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a second story dormer at the rear of the dwelling having a side yard of 6.3 feet in- stead of the required minimum side yard of 10 feet on the premises located at 16 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 196 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Cunningham presented his application to the Board and stated that at the present time the house con- tains only two small bedrooms and the family now consists of three children. The applicant said that the added space is desperately needed and that with- out the variance they could only build two small bedrooms as one room would be reduced from 14'8" to 11' . Mr. Cunningham said that he felt artistically the lines of the house would be more pleasant to view with the extended dormer rather than a shortened one. The applicant pointed out that he would not be extending the coverage any further than it is at present and the house was conforming when it was built. Mr. Eggers said he felt that the roof seemed rather flat and this could cause trouble when it snows. Mr. Cunningham stated that the ceilings would be 6'6" high. The Secretary presented a note that had been written on a copy of the Public Notice from Mr. and Mrs. Stanley Judkins of 6 Villa Road stating that they had no objection to the application. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Edward P. Cunningham has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a second story dormer at the rear of the dwelling together with plans; and l l� 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 for an R-7.5 Residen- tial District of the Zoning Ordinance which requires a side yard of 10 feet on the premises located at 16 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 196; and WHEREAS, Mr. Edward P. Cunningham has sub- mitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. The house at present only has two small bedrooms and the two extra bedrooms are needed as the Cunninghams have three children. 2. Without the variance one of the additional rooms would be reduced from 14'8" to 11' . 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 and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings and do not apply generally to the 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: 11 1. The proposed ad- dition will not extend the coverage any fur- ther than it is at present and the house was conforming when it was built. 2. Because of the size of the family it is necessary to have the two extra bedrooms. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 410 would deprive 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 detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7,5 Residential District of the Zoning Ordinance so as to allow the construction of a second story dormer at the rear of the dwelling having a side yard of 6.3 feet instead of the required side yard of 10 feet on the pre- mises located at 16 Villa Road and known l ) 6 on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 196 in strict conformance with plans filed with this application and amended, provided that the applicant complies in all other res- pects with the Zoning Ordinance and Build- ing 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 8:45 P.M. '1 Rita A. Johnson, Secretary