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HomeMy WebLinkAbout1975_04_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 23, 1975, IN THE COURT HOUSE, 1201 PALMER AVENUE , TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, Mr. Eggers , the meeting was called to order by the Acting Chairman, Mr. Wassman at 8:20 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Acting Chairman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Richard F. Eggers Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 26, 1975 were presented 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. APPLICATION NO. 1 - CASE 421 Application of Mr. Nino Maccrone for modification of Ar- ticle IV Section 421 .4 Walls and Fences of the Zoning Ordinance which restricts the height of a fence in a resi- dential district to 4 feet to allow the installation of 129 lin. ft. of 6' 0" high wooden fence along the rear property line on the premises located at 130 Carleon Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 359 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Maccrone presented his application to the Board and stated that his reasons for wanting the six foot high fence were to protect his property from the activity on Weaver Street. The applicant said that the children going to and from the Hommocks and Central Schools cut through his property and throw empty soda cans, etc. Mr. Maccrone said that the fence would be an extension of the fence now on his neighbor's property at 129 Carleon Avenue. The Chairman pointed out that Mr. Anderson who lives at 129 Carleon Avenue had obtained a variance to construct his fence after the Town had installed the sidewalk on Weaver Street. Mr. Fred Anderson of 129 Carleon Avenue spoke in favor of the application and assured the Board that tin cans, coke bottles , etc. are thrown on Mr. Maccrone's property by the children taking a short cut to and from school . After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Nino Maccrone has submitted an application for a building permit to the Build- ing Inspector to allow the installation of 129 lin. ft. of 6'0" 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 Zon- ing Ordinance with particular reference to Ar- ticle IV Section 421 .4 Walls and Fences of the Zoning Ordinance which restricts heights of fences in a residential district to 4 feet on the premises located at 130 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 359; and WHEREAS, Mr. Nino Maccrone has submitted an application for a variance on the grounds of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The applicant's property is used as a short cut by the children coming and going from the Hommocks and Cen- tral Schools. 2. The proposed 6' high wooden fence would be an extension of the fence now on the neighbor's property. 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 appli- cation on the following grounds : (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows : 1 . The proposed 6' fence will be an extension of an existing fence on the adjoining property. 2. The proposed fence will keep the children who are coming and going from school from cutting through the property and throwing empty cans and bottles. 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article IV Section 421 .4 Walls and Fences would deprive the applicant of the reasonable 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 pur- pose. (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 IV Section 421 .4 Walls and Fences be varied and modified so as to allow the erection of 129 lin. ft. of 6' 0" high wooden fence along the rear property line on the premises located at 130 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as �• -I" - Block 405 Parcel 359 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects 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 Chairman asked the Secretary to read the second ap- plication. APPLICATION NO. 2 - CASE 422 Application of Miss Patricia A. Vergara for modification of Article IV Section 410 Schedule of District Regula- tions for an R-A Zone so as to allow the construction of a screened porch at the northerly side of the property having a side yard of 10 ft. instead of the required minimum side yard of 15 ft. on the premises located at 1070 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 386 on the grounds of practical difficulty and/or unnecessary hardship. Miss Vergara presented her application to the Board and stated that at present there is no access to the exist- ing patio on the side of the house except at the rear of the dwelling. The applicant said that the addition will afford more living space in the summer and easy use of the yard. The Chairman questioned as to whether there were any restrictions for the type of zoning in question. Mr. Wallace R. Chateauvert, who is President of the Elkan Park Association, stated that before any changes can be made in any of the units it is necessary for the occu- pants to receive approval from the Association. Mr. Wassman read a letter that had been filed as part of the application which stated that at the annual meeting of the Elkan Park Association the members had approved the proposed addition of the screened porch for the ap- plicant's unit and after the plans had been reviewed, final approval was given for the addition by the Associ- ation. The Board questioned as to whether the addition would aesthetically match the existing exterior. Miss Vergara said that the proposed aluminum siding would match the existing clapboard trim. It was pointed out by Mr. Chat- eauvert that the proposed addition was on a hill and would not be visible from the street. Mr. Wassman explained that even though the Board, when they approved an application , did not set a precedent he wondered that if this particular variance were to J _1 be approved if perhaps the residents in the remaining 24 end units would want to add porches , etc. The Chair- man said that he felt it would be very difficult in the future to say no if any other application is requested similar to the one in question and he failed to see Miss Vergara' s hardship or practical difficulty. Mr. Wass- man said that when the Elkan Park development was built it was under a special zoning for cluster housing. It was pointed out that the proposed addition will not extend any further than the present patio and the exist- ing window would become a door giving the applicant access to her outside property. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Nay Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Miss Patricia Vergara has submitted an application to the Building Inspector to allow the construction of a screened porch at the northerly side of the property having a side yard of 10 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 IV Section 410 Schedule of District Regulations for an R-A Zone which requires a minimum side yard of 15 ft. on the premises located at 1070 Palmer Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 386; and WHEREAS, Miss Patricia Vergara has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The addition will provide access to the side yard. 2. The proposed addition will afford more living space in the summer which is not possible by any other means. 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, i -. -I NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circum- stances and condition 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 addition will not encroach on the side line any further than the present patio. 2. The proposed addition will create more living space in the summer. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance 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 District Regulations for an R-A Zone of the Zoning Ordinance so as to allow the construction of a screened porch at the northerly side of the property having a side yard of 10 ft. on the premises located at 1070 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 407 Parcel 386 in strict confor- mance with plans filed with the 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. f1 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 appli- cation. APPLICATION NO. 3 - CASE 423 Application of Mr. Henry Sonneborn for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District so as to allow the construction of a one story addition at the rear of the dwelling having a rear yard of 20 ft. instead of the minimum required rear yard of 25 ft. on the pre- mises located at 110 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 254 on the grounds of practical diffi- culty and/or unnecessary hardship. Mrs. Doris Erdman , an Architect, whose office is at 1 Washington Square, represented the applicant and stated that the proposed room was to be used for a garden or sun room with sliding glass doors. The Chairman pointed out that the proposed addition was on the corner of the existing house and would not be encroaching on the side yard any further than at present. A letter from Mrs. Seymour Alpert of 107 North Chatsworth Avenue was read by the Chairman. In her letter Mrs. Al- pert stated that neither she nor her husband had any ob- jection to the construction applied for by Mr. Sonneborn. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Henry Sonneborn has submitted an application to the Building Inspector to allow the construction of a one story addition at the rear of the dwelling having a rear yard of 20 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 IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District which requires a minimum rear yard of 25 ft. on the premises 1 O located at 110 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 113 Parcel 254; and WHEREAS, Mr. Henry Sonneborn has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . The owner is desirous of maintain- ing existing perimeters of house which can only be maintained by structur- ing the addition in the proposed man- ner. 2. Any reduction in the already mod- est size of the new room would tender such an addition useless. 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 aforesaid circumstances and/or conditions are as follows: 1 . The proposed addition will not encroach on the side line any further than the present structure. 2. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article IV Sec- tion 410 Schedule of Resi- dence District Regulations for an R-7. 5 Residential District would deprive the applicant of the reasonable use of such land and/or building and that for these , � y 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 pur- pose. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance 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 District Regu- lations for an R-7.5 Residential District so as to allow the construction of a one story addition at the rear of the dwelling having a rear yard of 20 ft. on the premises located at 110 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 113 Parcel 254 in strict confor- mance with plans filed with the 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9 :00 P.M. 2 ita A. Johnson Secretary /WJ