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HomeMy WebLinkAbout1971_06_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 23, 1971, IN THE COURT ROOM OF THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARO- NECK. 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. George P. K. Ching Absent: Mr. E. Robert Wassman Mr. Donald D. Geary, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 28, 1971 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. Mr. Eggers explained to the applicants that because only three members were present the vote would have to be unanimous on the application. The Chairman asked the Secretary to read the appli- cation. APPLICATION NO. 1 - CASE 344 Application of Mrs. John Webb for modification of Article IV Section 410 Schedule of Permitted Uses for an R-7.5 Residential District of the Zoning Or- dinance to allow the construction of a family swim- ming pool in the easterly side yard having a side yard of 5 feet instead of the required minimum side yard of 15 feet and a distance of 5 feet separation between the existing building and the pool instead of the required minimum 15 feet on the premises lo- cated at 12 Seton Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 116 Par- cel 465 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Webb spoke for his wife and said that although they have a large plot of ground they have no room in the rear. The applicant said that there is pre- sently a retaining wall at the front of the property and the land is terraced in four levels. Mr. Webb stated that they already have a screening of large rhodendrons and if they are permitted to build the proposed pool they will install a 6' fence around the pool. The applicant said the proposed pool would be approx- imately 16' x 39' and their family consists of two children and two adults all athletically inclined. Mr. Webb, also, said that their closest neighbor was on Rockingstone Avenue and a question was raised as to why the proposed pool was placed off to the right rather than parallel. The applicant said be- cause of the large amount of mock and the nature of the property the proposed location was the only space that was available. Mrs. Edna Jorgenson of 208 Rockingstone Avenue said she was opposed to the application as she did not think any variance should be granted. Mrs. Jorgen- son said the zoning should not be changed and no precedent should be set. Members of the Board ex- plained to Mrs. Jorgenson that any action of the Zoning Board does not set precedents and each appli- cation is entirely evaluated on its own merit. Mr. William Fernschild of 183 Rockingstone Avenue who is the closest neighbor to the applicant said he objected to the application. Mr. Fernschild stated that his kitchen was close to where the proposed pool would be built and although the Webb's were very nice and responsible people, ownership changes frequently and he did not want to jeopardize his heirs. The Chairman asked Mr. Fernschild if he ob- jected to the pool or the location of the pool and if he would object to people being on a terrace in- stead of in a pool. Mr. Fernschild said his objec- tion was to the pool as he thought there was a dif- ference between a terrace and a pool. Mr. Eggers explained that the Webbs could put up a terrace with- out a variance. The Board pointed out that because of the topograph- ical layout of the land and even though the Webbs had a large lot they had a small back yard which was more of a practical difficulty than a hardship. Mr. Webb pointed out that because their lot was large they would like to make more use of the property and they did not want to place the pool in the front yard as at that particular location the pool would be in view of the public and the neighbors. Mr. Charles Katze of 203 Rockingstone Avenue who is the next closest neighbor of the Webbs said he was in favor of the application. Mr. Katze stated that if the proposed pool is allowed it will be about 7 or 8 feet from his property and he will be able to look down on the pool from his house. Mr. Fernschild questioned about the 6' fence and Mr. Eggers explained that when a swimming pool is installed according to law a fence of at least 4' in height must be erected around the entire pool and if the Building Inspector determines it is nec- essary the fence can be as high as 6 feet. Mr. Eggers also stated that it would be necessary for the Webb's to plant hemlocks which would probably be planted on the Webb's side of the fence. The Board, also, pointed out to Mr. Fernschild that the water line of the pool would actually be 10 feet from the pro- perty line and that Mr. Webb could build a patio within 5 feet of his property line. Mr. Fernschild said that if the pool was 15 feet from the property line he would have no objection but he objected to the proximity to his home. After further discussion the Chairman asked for a short recess and when the Board returned Mr. Eggers explained to the applicant that the Board had deci- ded on an alternative if Mr. Webb was willing to agree. Mr. Eggers asked Mr. Webb if they would be willing to alter part of the pool which would place the center line of the pool about 13 feet from Mr. Fernschild's property line instead of the 10 feet requested in the application. The Chairman also told Mr. Webb they would prefer the fence around the pool to be 6 feet. After a brief discussion a vote was taken on the amended application and the result was as follows: Commissioner Eggers - Aye Commissioner Topping- Aye Commissioner Ching - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. John Webb has submitted an application for a building permit to the Building Inspector for the construction of a family swimming pool in the easterly side yard 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 Ordinance of the Town of Mama- Q roneck with particular reference to Arti- cle IV Section 410 Schedule of Permitted Uses for an R-7.5 Residential District of the Zoning Ordinance which requires a min- imum side yard of 15 feet and a separation between the existing building and the pool of 15 feet on the premises located at 12 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 465; and WHEREAS, Mrs. John Webb has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. Because of the large amount of rock and the nature of the property the proposed location was the only space available for the swimming pool. 2. Even though the Webbs have a large lot they have a small back yard and the applicants do not want to place the pool in the front yard as it would be in view of the public and the neighbors. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this applica- tion after publication of a notice there- of; and WHEREAS, this Board has requested the applicant to amend the plan so that the center line of the pool will be 13 feet from the nearest point of Mr. Fernschild's property instead of the original proposed 10 feet; NOW, THEREFORE, BE IT RESOLVED, that this Board grants the ap- plication as amended 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 buidings 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: 1. Because of the topography and shape of the property the proposed location is the most desirable. 2. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 410 would de- prive the applicant of the reasonable use of such land and/or buildings and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. (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 det- rimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 be varied and modified so as to allow the construction of a family swimming pool in the easterly side yard having a side yard of approximately 8' instead of the minimum side yard of 15 feet and a distance of 5 feet separation between the existing building and the pool instead of the minimum required 15 feet on the premises located at 12 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Par- cel 465 in strict conformance with plans filed with this application and amended, subject to the following conditions, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaro- neck: 1. That the applicants amend the application so that the pool will be approximately two feet smaller than originally proposed. 2. That the fence around the pool be 6 feet. 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 withintwo 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. REVISION TO ZONING ORDINANCE Mr. Eggers said that he had been asked to write a letter to the Town Board giving the Zoning Board's recommendations regarding Special Permits. After a brief discussion the Board decided that they would recommend that all building permits with broad traf- fic problems should be submitted to the Town Board for a Special Permit and would therefore be subject to a Public Hearing. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:00 P.M. Rita A. Johnson , Secretary