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HomeMy WebLinkAbout1979_10_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 24, 1979, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8: 15 P.M. ROLL CALL Present: Mr. E . Robert Wassman, Chairman Mr. Andrew W . Boraczek Mr. Egbert R. Hardesty Mr. Peter G. Moore Absent: Mr. Lawrence G. Bodkin , Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 22, 1979 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. OPEN MEETINGS LAW AMENDMENT The Secretary gave the Chairman a letter from the Town Attorney regarding the Open Meetings Law Amendment in which it was noted that after October 1 , 1979 notices regarding all meetings are to be posted conspicuously in one or more designated public locations . It was sug- gested that a Resolution be passed to officially desig- nate a location and that the Town Clerk 's Bulletin Board be used. The following Resolution was adopted: WHEREAS, in accordance with the Open Meetings Law Amendment that all notices regarding the calling of meetings of the Zoning Board be posted in officially designated public locations , NOW, THEREFORE, BE IT RESOLVED, that the members of the Zoning Board approve the designation of the Bulletin Board in the Town Clerk 's Office for the notice of all meetings of the Board. a 7J Mr. Wassman informed the applicants that since Mr. Hardesty was not there , although he was expected, the Board would hear the applicants present. The Chairman explained that since only three members were present the vote on their application would have to be unanimous but they had the privilege of holding their application over to another meeting without penalty. Mr. Spencer, who was the first applicant said he would have his application heard at this time . Mr. Wassman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 518 Application of A. R. Spencer Associates for modification of Article VIII Section 89-44 Subsection D "Walls and Fences" which restricts the height of walls and fences to 4 ft. in height in a residential area to permit the installation of 391 .21 1 .f. of 6 ft. high wooden fence along the rear property line on the premises located at Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcels 385 to 415 on the grounds of practical difficulty and/or unnecess- ary hardship. Mr. Spencer had attached a letter to his application with the reasons for requesting a 6 ft. fence and the Chair- man asked the Board if they had any questions . Mr. Moore asked about the side the fence would face and Mr. Paonessa told him the Town had no ruling on which side a fence had to face . After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Moore - Aye The application was approved and the following Resolution adopted: WHEREAS, A. R. Spencer Associates have submitted an application for a building permit to the Build- ing Inspector to allow the installation of 391 .21 1 . f. of 6 ft. high wooden fence along the rear property 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 Ordi- nance with particular reference to Article VIII Section 89-44 Subsection D "Walls and Fences" which restricts the height of walls and fences to 4 ft. in height in a residential area on the premises located at Blossom Terrace and known on the Tax Assessment Map of the Town of Mama- roneck as Block 403 Parcels 385 to 415; and � 07 � WHEREAS, A. R. Spencer Associates have submitted an application for a variance on the grounds of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . For safety reasons because of the trains . 2 . As a barrier for the noise from the railroad. 3. There is a steep drop from the property to the railroad tracks . 4. The proposed houses will have shallow 25 ft. rear yards and the fence will provide privacy. 5. Aesthetically the applicant will set a standard for the seven lots by installing a uniform fence. 6. The existing 2 ft. high stone wall would act as a "stepping stone" for children to climb over a 4 ft. fence. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . The proposed 6 ft. fence will provide safety and a barrier from the noise of the railroad. 2. That said circumstances and/or conditions are such that the particular appli- ( C /7 cation of the Ordinance with respect to Article VIII Sec- tion 89-44 Subsection D "Walls and Fences" would deprive the applicant of the reason- able use of such land and/ or building and that for these reasons 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. (c) That the granting of this vari- ance 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 VIII Section 89-44 Subsection D "Walls and Fences" be varied and modified so as to allow the install- ation of 391 .21 l .f. of 6 ft. high wooden fence along the rear property line on the premises located at Blossom Terrace and known on the Tax Assessment Map as Block 403 Parcels 385 to 415 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 this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The applicant for the second application did not appear and the Chairman asked the Secretary to read the third application. APPLICATION NO. 3 - CASE 520 Application of Mr. Francis Flanagan for modification of Article VI Section 89-35 Subsection B (1 ) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum front setback of 30 ft. to al- low the construction of an addition at the front of the dwelling having a front setback of 26.75 ft. on the pre- mises located at 110 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215 Parcel 20 on the grounds of practical difficulty and/or unnecessary hardship. oq©7� Mr. Flanagan presented his application to the Board and said that when the Thruway was built they had taken a corner of his property which had cut down on his front yard. Mr. Flanagan said one of the bedrooms they were extending was very small and the addition will cut down the noise from the Thruway. The Chairman pointed out that Mr. Flanagan 's property was an irregular shaped lot. After further discussion a vote was taken on the appli - cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Moore - Aye The application was approved and the following Resolution adopted: WHEREAS, Mr. Francis Flanagan has submitted an application to the Building Inspector to allow the construction of an addition at the front of the dwelling having a front setback of 26.75 ft. 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89- 35 Subsection B (1 ) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum front setback of 30 ft. on the premises located at 110 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215 Parcel 20; and WHEREAS, Mr. Francis Flanagan has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . The applicant wants to cut down the noise from the Thruway. 2. When the Thruway was built they took a corner of the applicant's pro- perty away and made the front setback of the dwelling non-conforming. WHEREAS, this Board has examined the plans, re- viewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT ��7 RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . That a portion of the front property was taken for street improvements during the construction of the New York State Thru- way. 2. That the terrace had been constructed prior to the land taking with the intention of further con- struction of an addition to the dwelling. (c) That the ()ranting of this vari- ance 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 and that Article VI Section 89-35 Subsection B (1 ) "Construction Requirements for an R-6 One Family Residence District" be varied and modi- fied so as to allow the construction of an ad- dition at the front of the dwelling having a front setback of 26 .75 ft. on the premises lo- cated at 110 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215 Parcel 20 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 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. Mr. Hardesty arrived at the meeting and since the appli- cants for Case 519 did not appear the Board decided to hold the application over for the next meeting to be held November 28, 1979 . ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. Rita A. Johns , Secretary C