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HomeMy WebLinkAbout1977_07_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 27, 1977, 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 Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 22, 1977 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. Wassman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 463 Application of Mrs. Rose Kiss for modification of Article VIII Section 89-44 Subsection D "Walls and Fences" which restricts the height of fences in a Residential District to 4 ft. so as to allow the construction of 145 lin. ft. of 6 ft. high stockade fence along a portion of the rear and side lot lines on the premises located at 15 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 99 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mrs. Kiss appeared before the Board and said she wanted the 6 ft. fence as she was concerned about the neighbor- hood children because of her dog. Mrs. Kiss said she has a German shepherd dog and there are so many small child- ren in the area who could climb over a 4 ft. fence. Mrs. Kiss's son spoke for his mother and said they also wanted privacy as the rear yard is only 10 ft. in depth and the houses are close. It was pointed out that there was a small retaining wall on the lot in the rear but it was not on the boundary line of the applicant's lot and the proposed fence would be 2 ft. away not making it easy for a small child to go over the fence. Mr. Paonessa told the Board that Mrs. Kiss had lived across the street at 4 Lundy Lane and the houses there were not as close to the neighbors as their new location. After further discussion the Board voted on the applica- tion and the result was as follows: Commissioner Wassman - Nay Commissioner Hardesty - Aye Commissioner Bodkin - Nay Commissioner Moore - Aye The application was therefore denied and the following Resolution adopted: WHEREAS, Mrs. Rose Kiss has submitted an appli- cation to the Building Inspector to allow the construction of 145 lin. ft. of 6 ft. high stockade fence along a portion of the rear and side lot lines 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 VIII Section 89-44 Subsection D "Walls and Fences" which restricts the height of fences in a residential district to 4 ft. on the premises located at 15 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Par- cel 99; and WHEREAS, Mrs. Rose Kiss has submitted to this Board 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 protect the small children in the neighbor- hood because she has a German shep- herd dog and feels the children could climb over a 4 ft. fence. 2. Because the lot is only 10 ft. in depth and the houses are close a 6 ft. fence would give more privacy. 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, L" 6 NOW, THEREFORE, BE IT RESOLVED, that this Board denied the applica- tion on the following grounds: 1 . That there were no special cir- cumstances or conditions applying 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. 2. The facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reason- able use of the land. 3. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the neighborhood 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 464 Application of Mr. and Mrs. Marvin Friedman for modifi- cation of Article VI Section 89-34 Subsection B (3) "Con- struction Requirements for One Family Residence District R-7. 5" which requires a minimum rear yard of 25 ft. so as to allow the construction of a raised wooden deck at the rear of the dwelling having a rear yard of 15 ft. on the premises located at 43 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 263 on the grounds of practical diffi- culty and/or unnecessary hardship. The Chairman asked Mr. Friedman to state his hardship and practical difficulty and the applicant said they wanted to provide a protected play area for their two children where they could be watched. Mr. Friedman said the visibility in the front near the driveway was very poor but his wife could watch the children in the rear from the kitchen. Mrs. Friedman said because of the topography of the lot the back yard was the safest place for the children to play. Mr. Friedman said that the purpose of extending the deck was to accommodate the access to the area and that there were sufficient trees in the rear of the pro- perty to provide screening. It was pointed out that tSL ) the house is presently non-conforming and the proposed deck will extend the variance 2'8". After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs. Marvin Friedman have sub- mitted an application to the Building Inspec- tor to allow the construction of a raised wooden deck having a rear yard of 15 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 Article VI Section 89-34 Subsection B (3) "Construction Requirements for One Family .Residence District R-7. 5" which requires a rear yard of 25 ft. on the premises located at 43 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 263; and WHEREAS, Mr. and Mrs. Marvin Friedman have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following rea- sons : 1 . The proposed deck would provide a protected play area where the chil- dren can be watched. 2. The proposed deck will maximize the use of the applicant's present limited back yard. 3. The present house layout does not permit the construction of the deck in any other location. 4. The proposed deck will allow ac- cess through the already existing sliding doors of the sun porch. 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 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 said circumstances and/ or conditions are as follows : 1 . The proposed deck will provide a protected play area for the applicant's children. 2. Because of the topography of the lot the deck cannot be located in any other area. 3. The proposed deck will increase the non-conformity by 2'8". 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (3) "Con- struction Requirements for One Family Residence Dis- trict R-7. 5" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 5. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance 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 and that Article VI Section 89-34 Sub- section B (3) "Construction Requirements for One Family Residence District R-7. 5" be varied and modified so as to allow the construction of a raised wooden deck at the rear of the dwelling having a rear yard of 15 ft. on the premises located at 43 Vine Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 111 Parcel 263 in strict con- formance with plans filed with this applica- tion 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 9:15 P.M. J 4----/c-e-1--A-- Rita A. Johnso , Secretary ( 4s ;1$