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HomeMy WebLinkAbout1972_05_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 24, 1972, 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. E. Robert Wassman Mr. Donald D. Geary, Jr. Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 26, 1972 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 pub- lication of the notice of hearing. Mr. Eggers explained to the applicants that one of the Commissioners, Mr. Hardesty, who had not arrived at that time would be there soon and the meeting would be started before his arrival. The Chairman suggested that the first application which had been adjourned from the meetings of March 22, 1972 and April 26, 1972 await the appearance of the fifth member of the Board and asked the second applicant if he was willing to have his case heard with four members present. Mr. Werner Polak, the second applicant said he was willing to proceed with his case. Mr. Eggers asked the Secretary to read the second application. APPLICATION NO. 2 - CASE 357 Application of Mr. and Mrs. Werner L. Polak for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construction of a second story addition at the front of the dwelling having a minimum front setback from Ellsworth Road of 23 feet instead of the minimum re- / JYg quired front setback of 30 feet from Ellsworth Road on the premises located at 22 Little Farms Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 212 Parcel 98 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Polak presented his application to the Board and stated that he had been granted a variance about a year ago to cover over the porch area. The appli- cant said that they wanted to add a second story over the porch to be used as a master bath and that presently the house contains only one full bathroom on the second floor and a half of a bathroom on the first floor. Mr. Polak said his reason for wanting the extra bath is because they have two growing children and that the addition would not extend the present perimeters of the house. The Board pointed out that the house had been built about 1920 before the present zoning and conformed to the Zoning Regulations at the time it was built. 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 Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. Werner Polak have submitted an application for a building permit to the Building Inspector for the construction of a second story addition at the front of the dwelling having a min- imum front setback of 23 feet from Ells- worth Road 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- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-10 Residen- tial District of the Zoning Ordinance which requires a minimum front setback of 30 feet from Ellsworth Road on the premises located at 22 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 98; and WHEREAS, Mr. and Mrs. Polak have submitted l7 J 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. The house at present contains one full bathroom on the second floor and a half of a bathroom on the first floor. 2. Because of the Polak's grow- ing family they are in need of an additional bathroom. 3. The addition will not extend any further than the present perimeter of the house. 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 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 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 circumstances and/or conditions are as follows: 1. That the addition will not extend any further than the pre- sent building. 2. That said circum- stances or conditions are such that the particular application of the Ordinance with respect to Article Section 410 wouldCIV deprive the applicant of the reasonable use of the land and/ or buildings and that for these reasons k :) the granting 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 purpose. 3. That the granting of this variance is in harmony with the general purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or other- wise 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 Schedule of Residence Dis- trict Regulations for an R-10 Residential C District of the Zoning Ordinance so as to allow the construction of a second story addition at the front of the dwelling hav- ing a minimum front setback from Ellsworth Road of 23 feet on the premises located at 22 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 212 Parcel 98 in strict con- formance with plans filed with this appli- cation provided that the applicant complies in all other respects with the Zoning Ordi- nance 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. C FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. Mr. Hardesty arrived and the Chairman asked the Sec- retary to read the first application. 3L APPLICATION NO. 1 - CASE 353 Application of Mr. Daniel and Mr. Biagio Zarrilli for modification of Article IV Section 410 Schedule of Permitted Uses in an R-7.5 Residential District of the Zoning Ordinance so as to allow the construc- tion of an accessory garage structure to park two trucks incidental to a non-conforming nursery busi- ness on the premises located at 144 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Frank M. Gagliardi, an Attorney of 175 Main Street, White Plains, New York, represented the applicants and stated that the application actually only applies to the two bays to be used for the trucks. Mr. Gag- liardi said that the applicants are permitted to erect a two car garage for residential purposes with- out a variance and that according to Paragraph 6 of the Judgment made in 1961 the applicants were permitted to use two trucks no larger than what is classified as a two ton truck to be parked on the premises in the rear of the present structure not less than 75 feet from Weaver Street and Palmer Ave- nue. Mr. Gagliardi pointed out that the applicants felt by placing the trucks in a garage it will improve the appearance of the area. Mr. William Meister of 9 Hawthorne Road stated that it had been his understanding that at the time the Judgment had been made there was to be no extension of the use allowed. Mr. Eggers asked Mr. Wassman to read the Court Order and informed the Secretary it was to be made part of the record. Hon. Frederick G. Schmidt, Official Referee TOWN OF MAMARONECK, Plantiff ORDER against MARY TECCE AND AUGUSTO VENTURA, defendants FILE NO. 4669/1958 This action having been commenced by personal service of the summons and complaint upon all of the defendants and having been discontinued by stipulation dated March 8, 1961 as against the defendant Augusto Ventura; and John L. Delius, Town Attorney for the Town of Mamaroneck having appeared as attorney for the plantiff; and Clark, Gagliardi, Gallagher & Smyth having appeared as attorneys for the defendant Mary Tecce and inter- posed an answer; and the matter having been referred to Hon. Frederick G. Schmidt, Official Referee by order of this Court dated February 13, 1959; and Jerome N. Wanshel having been substituted as attor- ney for defendant Mary Tecce; and this matter having been duly reached for trial before the Referee; and John L. Delius having appeared as attorney for the plantiff Town of Mamaroneck and Jerome N. Wanshel being substituted as attorney for the defendant Mary Tecce having appeared for defendant Mary Tecce; and the Official Referee having duly made and filed his decision in writing, setting forth separately find- ings of fact and conclusions of law NOW, on motion of John L. Delius, attorney for the plantiff Town of Mamaroneck, it is hereby ORDERED, ADJUDGED AND DECREED, that the defendant Mary Tecce be and she hereby is enjoined and restrained (1) From using the property which is the subject of this action for any business purpose except for the conduct and carrying on of the general nursery business, to purchase, acquire, sell, exchange, raise, propagate, cultivate or otherwise deal in plants, small trees, shrubs, humus, peat moss, top soil, fertilizer, seedlings and flowers from the plants cultivated and propagated on the premises and gener- ally to buy and sell all products usually sold in the conduct of a general nursery business. (2) From placing or erecting upon the premises any building or structure other than the main house or building presently existing, except in conformity with the existing Zoning Ordinance of the Town of Mamaroneck or by reason of any variance obtained from the Zoning Board of Appeals of the Town of Mama- roneck. (3) From displaying any exterior sign, except a sign substantially the same as the one presently situated on the premises, which may be replaced from time to time, and in addition, an exterior sign dur- ing the Christmas season commencing with Thanksgiv- ing Day and ending with New Year's Day, no larger than the present sign now upon the premises and no closer to the street line than the present permanent sign, announcing the sale of Christmas trees, wreaths, and the usual Christmas decorations sold by a general nursery business. (4) From manufacturing and assembling for sale items for sale in the wholesale or retail trade other than those specifically excepted in paragraph (1) above, with the further exception that the owner may, during such Christmas season of any year, sell and display Christmas trees, and may assemble and sell artifacts and evergreen decorative pieces made of evergreens, holly and similar material, suitable for the Christ- mas trade, both wholesale and retail. Such Christ- mas trees and decorative pieces may be stored at any place upon the premises inside of the present split rail fence now situated on the premises, and Christmas trees may be lined against both sides of / i "� � the fence, provided that such trees do not extend beyond the sidewalk. (5) From using any outdoor lighting, except that during the Christmas season commencing with Thanks- giving Day and ending with New Year's Day the defen- dant may use such exterior lights as shall conform with the provisions of the Town Ordinance in regard to outdoor lighting. Nothing herein contained, how- ever, shall be construed to limit or restrict the owner from displaying such Christmas and New Year decorations and lighting as may be similar to deco- rations and lighting, interior and exterior, commonly used by the residents of the neighborhood. (6) From using any trucks in connection with the conduct of the nursery business permitted by this decree, except that two (2) trucks, neither one of which may be larger than what is classified as a two-ton truck may be used, stored and parked upon the premises in the rear of the present structure not less than 75 feet from Weaver Street and from Palmer Avenue. For the purpose of ingress and egress of such trucks the owner may use either driveway presently situated on the premises. (7) From using the present front porch except for residential purposes and for the display of potted plants, plants, and flats, seedlings, and spring flower plants, and during the Christmas season com- mencing with Thanksgiving Day and ending with New Year's Day for the interior display, arrangement, assembly and artifcating of merchandise as described in paragraph (4) of this decree; but no sign or other advertisement shall be used in connection wich such display and no "for sale" sign or commercial sign shall be installed or used. ENTER FREDERICK G. SCHMIDT, Official Referee of the Supreme Court After Mr. Wassman finished Mr. Eggers pointed out to Mr. Meister that according to Paragraph 2 of the Court Order his understanding was incorrect. The Chairman expressed concern over the fact that the proposed garage was too close to the property line of the residence in the rear and the applicants pointed out that the garage would be well screened. Mr. Eggers questioned as to whether or not there was some other way the garage could be placed and if the proposed structure was turned around so that only 25 feet would face the property in the rear instead of 48 feet. The applicants stated that there might be some problem because of the driveway but agreed to amend the plan to turn the garage around as the Board had requested. The Chairman said that it was to be part of the Resolution that there would be no open area storage of vehicles on the property. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Nay Commissioner Boraczek - Nay Commissioner Hardesty - Aye The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Daniel and Mr. Biagio Zarrilli have submitted an application for a build- ing permit to the Building Inspector to allow the construction of an accessory gar- age structure to park two trucks incidental to a non-conforming nursery business 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- roneck with particular reference to Article IV Section 410 Schedule of Permitted Uses in an R-7.5 Residential District of the Zoning Ordinance which does not permit ac- cessory structures customarily incidental to non-conforming business uses on the pre- mises located at 144 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 1; and WHEREAS, Mr. Daniel and Mr. Biagio Zarrilli have submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The applicants are without garage facilities. 2. At the present time two trucks and two cars are parked out in the open. 3. If the applicants are per- mitted to build the garage the trucks and cars will be parked in the garage and the appearance of the property will be improved. WHEREAS, the applicants amended the plan so that the proposed garage would face Weaver Street instead of Palmer Avenue and be located a minimum distance of 10 feet from the northerly side line and a minimum distance of 110 feet from Weaver Street. 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 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 building 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. That the construc- tion of a two car gar- age accessory to the existing dwelling could be built without a variance. 2. That the judgment made in 1961 permitted two two ton trucks to be parked on the rear of the property. 3. By placing the trucks in a garage the appearance of the property will be im- proved. (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 Schedule of Permitted Uses in an R-7.5 Residential District of the Zoning Ordinance so as to allow the con- struction of an accessory garage to park two trucks incidental to a non-conforming nursery business on the premises located at 144 Weaver Street and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 402 Parcel 1 in strict con- formance with plans filed with this ap- plication 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 there be no open area stor- age of vehicles on the property. 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. The Chairman asked the Secretary to read the next application. APPLICATION NO. 3 - CASE 358 Application of Mr. Morton S. Wolf for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-30 Residential District Note "D" of the Zoning Ordinance which requires that accessory structures be located on rear one third of the lot. Proposed three car detached garage will have a front setback of 56 feet instead of the mini- mum required setback of 108 feet and will have a side yard of 1 foot instead of the minimum required side yard of 5 feet on the premises located at Pre- mium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Parcel 30 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. John I. Dugan of 295 Madison Avenue, New York, an Attorney, who is also the President of the Prem- ium Point Land Company represented the applicant, Mr. Wolf and stated that the existing garage is not usable because of flooding. Mr. Dugan said that when there is a heavy rain the garage fills with about 8 feet of water and Mr. Wolf has lost about five cars in the last two or three years. It is not always possible for the applicant to know when a storm is coming so that he can move his cars to higher ground. Mr. Eggers pointed out that the roof of the proposed garage would continue the same as both the house and the cabana. Mr. Dugan, also, said that as President of the Prem- ium Point Land Company they would welcome the proposed garage because it would act as a wind breaker. 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 Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Morton S. Wolf has submitted an application for a building permit to the Building Inspector to allow the con- struction of a three car detached garage 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- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-30 Residen- tial District Note "D" of the Zoning Ordi- nance which requires that unless an Access- ory building is located on the rear one third of the lot it must comply with the side yard requirements for an R-30 Resi- dential District which requires a side yard of 5 feet on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaro- 3I ./1 neck as Block 508 Parcel 30; and WHEREAS, Mr. Morton S. Wolf 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. Because of the topography of the lot and the existing lo- cation of accessory structures the proposed location is the most logical site. 2. All of the applicant's un- improved property except the site for the proposed garage is under water in heavy weather when the tides are high. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interesed in this application after publication of a notice thereof, NOW, THEREFORE, BE IT C 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 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. The existing gar- age is not usable because of flooding when it storms. 2. Because of the topography of the lot the proposed location is the only site avail- () able above high storm water level. (c) That the granting of this variance will be in harmony with I 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 Schedule of Residence Dis- trict Regulations for an R-30 Residential District Note "D" of the Zoning Ordinance so as to allow the construction of a three car detached garage having a front setback of 56 feet and a side yard of 1 foot on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Par- cel 30 in strict conformance with plans filed with this application 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. The Chairman asked the Secretary to read the fourth application. APPLICATION NO. 4 - CASE 359 Application of Mr. and Mrs. Allan Denenberg for modi- fication 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 allow the installation of 15 lin. ft. of 6 ft. high wooden fence along the easterly side property line on the premises located at 20 Valley Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 116 Parcel 689 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Denenberg presented her application to the Board and stated that they wanted to install the 6' fence because their lot is a problem corner lot. The ap- plicant said her neighbor's driveway was very close and they only wanted to screen off the back of the terrace. Mrs. Denenberg said that she felt the 6' fence would also deter people from crossing her yard which is a distraction when she works in the corner room. The applicant also stated that there was a retaining wall on the property at present which is very unsightly and the fence would act as a screen. Mrs. Denenberg presented the Board with a letter from her neighbor, Mr. Louis C. Raegner III who lives at 7 Birch Road. Mr. Raegner said they had inspected the photographs and sketches of the proposed fence and had no objections. Mr. Raegner stated that be- cause of the proximity of their driveway to the Den- enberg house the 6' fence would give the Denenbergs the maximum use of their property. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Nay Commissioner Hardesty - Aye The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. Allan Denenberg have submitted an application for a building permit to the Building Inspector to allow the installation of 15 lin. ft. of 6 ft. high wooden fence along the easterly pro- perty line 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 with particular refer- ence to Article IV Section 421.4 Walls and Fences of the Zoning Ordinance which restricts heights of fences in a residen- tial district to 4 feet on the premises located at 20 Valley Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 116 Parcel 689; and WHEREAS, Mr. and Mrs. Allan Denenberg have submitted an application for a variance on the grounds of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. Because the existing terrace is adjacent to the neighbor's driveway and retaining wall. 2. A 6' high fence would not project above the level of the neighbor's rear yard. 3. That the property is located on a corner lot and is used as a short cut to neighbor's yards. 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 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 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 prox- imity of the neighbor's driveway the 6' fence will give the applicant's the maximum use of their property. 2. A 6' fence will restrict the use of the applicant's prop- erty as a short way to neighboring proper- ties. (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 of the Zoning Ordinance be varied and modified so as to allow the installation of 15 lin. ft. of 6 ft. high wooden fence along the easterly side property line on the premises located at 20 Valley Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 116 Parcel 689 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 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. The Chairman asked the Secretary to read the next application. APPLICATION NO. 5 - CASE 360 Application of Mr. and Mrs. H. G. Dixon, Jr. for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-20 Residential District Note "D" of the Zoning Ordinance which re- quires that accessory buildings on corner lots be located a minimum of 40 feet back from the front pro- perty line. Proposed metal garden house will be lo- cated 25 feet from Old White Plains Road on the pre- mises located at 1 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1410 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Dixon presented her application to the Board with a pictureof the proposed metal garden house and said that they wanted the structure to store garden equipment, lawn furniture, etc. The applicant said that if the proposed building was placed the required 40 feet it would be too close to her neighbor's house and would require the removal of an existing tree. 93`� The Chairman pointed out that the property was well- screened and the proposed structure would conform to the present house. Mr. Fonte of 6 Prince Willow Lane presented the Board with a letter from Mrs. Capuano of 1 Prince Willow Lane who is the Dixon's closest neighbor. Mrs. Capuano in her letter said she objected to the application and that the metal garden house would not be suit- able for the neighborhood. Mr. Fonte said he objected for the same reason as Mrs. Capuano. The Board pointed out that Mrs. Dixon would be per- mitted to have the metal garden house without a var- iance but the only reason she had to apply to the Zoning Board for a variance was because of the lo- cation. Mr. Fonte said under the circumstances he would withdraw his objection. 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 Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. H. G. Dixon, Jr. have submitted an application for a build- ing permit to the Building Inspector to allow the construction of a metal garden house to be located 25 feet from Old White Plains Road 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- roneck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-20 Residential District Note "D" of the Zoning Ordinance which requires that accessory buildings on corner lots be located a minimum of 40 feet back from the property line on the premises located at 1 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Par- ® cel 1410; and WHEREAS, Mr. and Mrs. H. G. Dixon, Jr. have submitted to this Board an applica- tion for a variance on the ground of prac- tical difficulty and/or unnecessary hard- ship for the following reason: 1. If the applicant placed the proposed building at the required 40 feet it would be closer to the neighbor's house and would require the removal of an exist- ing tree. 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 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 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. If the applicants placed the proposed structure the required setback of 40 feet it would be closer to the neighbor's house and would require removal of the existing heavy screening. (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 1 IV Section 410 Schedule of Residence Dis- trict Regulations for an R-20 Residential District Note "D" of the Zoning Ordinance be varied and modified so as to allow the construction of a metal garden house to be located 25 feet from Old White Plains Road on the premises located at 1 Wagon Wheel Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 333 Parcel 1410 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 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. The Chairman asked the Secretary to read the last application. APPLICATION NO. 6 - CASE 361 Application of Mr. J. Edmund Collaton for modifica- tion of Article IV Section 410 Schedule of Residence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a raised porch deck at the rear of the dwell- ing having a rear yard of 10 feet instead of the minimum required rear yard of 25 feet on the premises located at 11 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 246 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Collaton presented his application to the Board and stated that the present use of the rear yard puts them into close proximity with both the rear yard and interior of neighbor's house. The appli- cant said that the present staircase from the kit- chen to the rear yard was far removed from the area they now use in the rear and that they have lived in the house about six years. The Board pointed out that the house was built in about 1927 before the new zoning and the proposed �/ 3 '7 7 .-, deck would further reduce the rear yard which is presently non-conforming. Mr. Robert Conkling of 130 East Garden Road expressed his objection to the application and said that Mr. Collaton's rear yard was his side line and he would be the one most affected by the proposed porch deck. Mr. Conkling said he had listened to the petition and failed to hear any word of practical necessity or undue hardship but rather the reason was more for convenience. Mr. Conkling stated that he does not want to have his property made smaller and his lot at present is only about 55 x 100. Mr. Collaton said he had discussed the plan with Mr. Conkling previously and he didn't encourage or discourage his plan nor did he raise any points. Mr. Collaton pointed out that Mr. Conkling was a lawyer and he was not but if he had known Mr. Conkl- ing intended to object he would have been represented by legal counsel. Mr. Eggers said that the Zoning Board is not governed by law but does appreciate hardship or practical difficulty. Mr. Collaton presented a letter to the Board from Mr. Rubin D. Prussin of 9 Ellsworth Road. Mr. Prus- sin in his letter stated that he had no objection to the proposed application. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Geary - Nay Commissioner Boraczek - Nay Commissioner Hardesty - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. J. Edmund Collaton has sub- mitted an application for a building per- mit to the Building Inspector to allow the construction of a raised porch deck at the rear of the dwelling 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 with particular refer- ence to Article IV Section 410 Schedule of Residence District Regulations for an R-10 Residential District of the Zoning Ordinance which requires a rear yard of 25 feet on the premises located at 11 Ells- worth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 246; and WHEREAS, Mr. J. Edmund Collaton has sub- mitted an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. The present use of the rear yard during pleasant weather puts into close proximity both the rear yard and the interior of the neighbor's house. 2. The present staircase from the kitchen to the rear yard is far removed from the current area used for said purposes. 3. The raised open deck would allow the convenient use of the rear yard without intruding on the privacy of the neighbors in the rear or on the side. 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 denied the ap- plicat:Ccn on the following grounds: 1. ihat the proposed deck would reduce the present non-conforming rear yard. 2. That there were no special circumstances or conditions ap- plying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 3. That the facts and circum- stances 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 will not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:00 P.M. e-41K' . cift---t.L.w.-&-A-.-' Rita A. Johnson, Secretary o ;r .3s o