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HomeMy WebLinkAbout1974_07_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 24, 1974, 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. Andrew W. Boraczek Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 26, 1974 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 application. APPLICATION NO. 1 - CASE 408 Application of Mr. Morton Nitzberg for modification of 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 so as to permit the installation of 60 lin. ft. of 6 ft. high chain link fence in the rear yard of the property located at 11 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 542 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mr. Nitzberg presented his application to the Board and stated that when he purchased his house a little over a year ago the fence was there. The applicant said that in the rear of his property there is a rock cliff with a sheer drop of about 30 feet and they would not have bought the house if the fence was not there. Mr. Nitz- berg said that because of the danger a fence lower than 6 ft. would not offer adequate protection and with the trees and shrubs on the property the fence cannot be seen from Rock Ridge Road. The applicant pointed out that because of the location of the Castro building the fence cannot be seen from there or the Boston Post Road and can only be seen by someone standing on his property when 1 J~"1 f they are within a few feet of the fence. Mr. Nitzberg further stated that in the year they have lived there that no neighbor nor anyone else had made any adverse comment about the fence and they were not aware at the time they purchased the house that the fence was in vio- lation. The applicant presented the Board with a letter from Mrs. Catherine Villone of 15 Rock Ridge Road, who is the Nitz- berg' s next door neighbor, which was read by Mr. Wassman. Mrs. Villone stated in her letter that she was in full agreement with the applicant' s request for a variance and her children play in the Nitzberg's yard. Mrs. Vil - lone, also, said in her letter that without the 6 ft. fence it would be extremely dangerous in the yard not only to children but to adults as well . Mr. Hilton Brown of 7 Rock Ridge Road said he lived across the street from the Nitzbergs and was in favor of the application. Mr. Brown stated he had lived there for three years and the fence is almost entirely invisible. It was pointed ou that the fence at the rear of Mr. Brown 's house is on Dunkin Donut's property. Mr. Otto Scheuble of 25 Rock Ridge Road, also, appeared and the Chairman pointed out that the Board was only con- cerned with the variance for the fence and asked Mr. Scheuble if he objected to the fence. Mr. Scheuble said he had no objection to the fence. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Boraczek- Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Morton Nitzberg was served with a Notice of Violation for the erection of 60 lin. ft. of 6 ft. high chain link fence in the rear yard on the premises located at 11 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 542; and WHEREAS, the Building Inspector has issued such violation on the ground that the erection of said fence violated Article IV Section 421 .4 Walls and Fences of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mr. Morton Nitzberg 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 . When the applicant purchased the house about a year ago the fence was already there. 2. The applicant was not aware at the time he bought the property that a violation existed. 3. Because of the rock cliff and sheer drop at the rear of the pro- perty it is extremely dangerous and a fence less than 6 ft. would not offer sufficient protection. 4. The fence cannot be seen because of the trees and shrubs on the lot except by someone standing on the applicant' s property within a few feet of the fence. WHEREAS, this Board has examined the plan, 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 6 ft. fence is nec- essary because of the topo- graphy of the lot. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect 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 grant- r.. �s � ing of the variance is nec- essary for the reasonable use of the land and/or build- ing 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 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 60 lin. ft. of 6 ft. high chain link fence in the rear yard of the property on the premises locatedat 11 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 542 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:00 P.M. Rita . Johns , Secretary