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HomeMy WebLinkAbout1975_07_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 23, 1975, 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. Richard F. Eggers , Chairman Mr. E. Robert Wassman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the Special Meeting of June 18, 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. Mr. Eggers asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 428 Application of Mrs. Lisa Camerino for modification of Article IV Section 421 .4 Walls and Fences of the Zoning Ordinance which restricts the height of a fence in a resi- dential district to allow the installation of 40 lin. ft. of 6' high chain link fence in the rear yard on the premises located at 29 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 32 on the grounds of practical difficulty and/ or unnecessary hardship. The applicant was represented by an Attorney, Mr. John McGinty, who stated that the reason for the appeal was because of man 's best friend, a dog named Charlie. Mr. McGinty explained to the Board that the applicant' s dog manages to get out of the house and has caused Mrs. Camer- ino fines in the amount of $250.00. Mr. McGinty said that the dog is large although not vicious but the neigh- bors are concerned about the dog running loose and a 4 ft. fence would not contain him. Mr. McGinty pointed out that the rear yard where the proposed fence is to be placed backs on to two other properties that are higher. ( 7 I The Chairman said he had been out to look at the property in question and the proposed fence would not be seen by any of the neighbors. Mr. Eggers asked the applicant if she was aware that it would be necessary to connect the proposed fence with the stockade fence on her neigh- bor' s property on the west side and also the fence belong- ing to the neighbor in the rear which is falling down. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mrs. Lisa Camerino has submitted an application for a building permit to the Build- ing Inspector to allow the installation of 40 lin. ft. of 6' high chain link fence in the rear 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 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 29 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 32; and WHEREAS, Mrs. Lisa Camerino 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 needs a 6' fence to contain her dog which escapes from the house and can jump a fence lower than the proposed 6 ft. 2. The fence will be a continuation of an existing stockade fence on the west side and a fence at the rear of her 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 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 6' fence will be an extension of a fence to the west and one in the rear of her property. 2. The proposed fence will contain the applicant' s dog. 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article IV Sec- tion 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 reason- able use of the land and/or building and that the vari- ance 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 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 421 .4 Walls and Fences be varied and modified so as to allow the erection of 40 lin. ft. of 6' high chain link fence in the rear yard on the premises located at 29 Stoney- side Drive and known on the Tax Assessment Map as Block 211 Parcel 32 in strict conform- J ance 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. VV Iv Rita A. Johnsot , Secretary