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HomeMy WebLinkAbout1962_04_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 25, 1962, IN THE COURT ROOM OF THE TOWN OF MAMARO- NECK POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: George Schuler, Acting Chairman Richard Eggers Richard I. Land ABSENT: Laurence Sobel, Chairman Sydney Bierman ALSO PRESENT: William Paonessa, Building Inspector TRIBUTE to ART DUNN Mr. Schuler, acting chairman, learning of the death of Arthur Dunn, well known reporter of the Daily Times, only an hour before this meeting expressed the deep regret of the Board, and paid Mr. Dunn high tribute. Mr. Land and Mr. Eggers also spoke of the high regard the Board had for mr Dunn, and all concurred that this meeting should be adjourned in honor of Mr. Dunn. MINUTES The minutes of the meeting of February 28, 1962, were approved as presented. ANNOUNCEMENT Mr. Schuler announced that since there were only three members 344 ram.. of the Board present any person who desired to do so could re- quest that hearing on his application be postponed to the next meeting, since it would require a unanimous decision to grant a variance. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on April 18, 1962. The secretary then read the first application. APPLICATION NO. 1--MARTHA I. PILORZ--CASE 118 Application of Martha I, Pilorz for permission to erect 70 linear feet of 6 ft. high wooden fence along the rear property line at premises located at 75 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118, Parcel 71, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. Mr. Schuler asked if anyone present wished to speak either in favor of or in opposition to this application and the following person addressed the Board: For Appellant: Martha I. Pilorz In Opposition: None Mrs. Pilorz appeared and submitted plans for the proposed fence. She stated that this fence was needed for privacy. The Pilorz property abuta a playground and several times a day children from the playground wander across her property. Following some discussion as to use of stockade fences and bamboo fences the Board asked Mrs. Pilorz if she would be willing to have the fence 6 feet high in some places and 4 feet in others, this Mrs. Pilorz agreed to do, whereupon on motion by Mr. Eggers, seconded by Mr. Land the following resolution was unanimously adopted: 345 WHEREAS, Martha I. Pilora heretofore requested a permit to erect 70 linear feet of 6 ft. high wooden fence along the rear property line at premises located at 75 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118, Parcel 71; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erection of such fence violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mrs. Pilorz has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421. 4 so as to allow the erection of said fence NOW, THEREFORE, BE IT RESOLVED that permission is granted to Mrs. Pilorz to erect a 6 foot high wooden fence from the north west corner of the garage of Mr. Jeffrey Greene located at 125 Murray Avenue to the south east corner of the plot for a distance of approximately 33 feet and then a fence 4 foot high for the balance of the 70 feet, on premises located at 75 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118, Parcel 71. FURTHER RESOLVED that this r solution be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman then requested the secretary to read the second and third applications. These two application will be considered together as the fences requested would be contiguous. APPLICATION NO. 2--JOHN L. COBBS--Case 119 Application of John L . Cobbs, Jr. for permission to erect 60 linear feet of 6 ft. high wooden fence along the rear line of his property located at 30 Hillside Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 128, Parcel 148, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. APPLICATION NO. 3--GEORGE L. NEWCOMB--Case 120 Application of George L. Newcomb for permission to erect 346 18 linear feet of 6 ft high wooden fence along the rear property line on premises located at 88 Edgewood Ave. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128, Parcel 50, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. Mr. Schuler asked if anyone present wished to be heard either in favor of on in opposition to these applications and the following persons addressed the Board: For Appellants: John L. Cobbs George L. Newcomb In Opposition: None Mr. Cobbs appeared and submitted plans for the proposed fences. He stated that his lot is a shallow one and that this fence would provide privacy and safety for his family. He further stated that dogs used his property as a thruway from Edgewood Avenue to Hillisde Avenue and that his family could not use the back yard for dining out as they had no privacy. Mr. Newcomb said that he agreed with Mr. Cobbs and there- fore subscribed to his request to make this a joint program. Since his dog is a Labrador Retriever a 6 foot high fence would be necessary and a four foot fence would be inadequate. The Board members then told the applicants that they sym- pathized with their problem but that they felt that some other means of fencing could be used. A wire fence could possibly be used. They also stated that the feeling of the Board and the Town Board was that 6 foot high wooden fences were not to be encouraged. Following this discussion, on motion by Mr. Land, seconded by Mr. Schuler the following resolution was unanimously adopted: WHEREAS, John L. Cobbs, and George L. Newcomb heretofore requested permits to erect 60 linear feet of 6 ft high wooden fence and 18 linear feet of 6 ft. high fence respectively on preperties located at 30 Hillside Avenue and 88 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129, Parcel 148 and Block 128, Parcel 50; and 347 WHEREAS, the Building Inspector refused to issue such permit on the ground that construction or erection of such fences violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Messrs. Cobbs and Newcomb have appealed to this Board for modification of the Building Inspec- tor's decision pursuant to Article IV, Section 421. 4 of the Zoning Ordinance so as to allow the erection of said fences: NOW, THEREFORE, BE IT RESOLVED that permission is denied without prejudice to John L. Cobbs and George L. Newcomb to erect 60 linear feet of 6 ft high wooden fence and 18 linear feet of 6 ft, high wooden fence respectively on properties located at 30 Hillside Avenue and 88 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128, Parcel 148 and Block 128, Parcel 50. ' FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the fourth application. APPLICATION NO. 4--ROSWELL C. NYE--Case 121 Application of Roswell C. Nye for modification of Article IV, Section 445. 2, Building on Lots Less Than Required Size and Section 410, Schedule of Residence District Regulations, so as to allow a street line frontage of 40. 76 feet rather than the required 50 feet on premises located on the southerly side of Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404, Parcel 267, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Roswell C. Nye Alfred Willi s,Architect 132 Larchmont Ave. , Larchmont 348 W W 0 In Opposition: Mrs. Alan Welty o5 Kenmar Road Mrs. C. J. Greenleaf Q 9 Devon Road mMrs. Jean C. Temple 64 Carleon Ave Mr. Willis, architect for Mr. Nye, appeared and submitted plans for the proposed building. Mr. Nye stated that he had owned this property since 1922 in single and separate ownership and had now decided to build on it. He further stated that he had done as the Board had re- quested at their meeting of December 27, 1961, and retained an architect. Mr. Willis pointed out that this house would conform in every way with the Zoning Ordinance except that the street line frontage would vary, and that due to the topography of the plot the house could not be set any other way. The secretary then read a letter from Catherine V. Parker, 49 Carleon Avenue, protesting the granting of this variance. Mrs. Greenleaf, Mrs. Welty and Mrs. Temple asked if Mr. Nye was building this house for investment purposes or to occupy himself. They also stated that they were afraid their properties might be damaged by blasting which might be necessary. It was pointed out that some blasting would undoubtedly be necessary to provide for the utilities. W Following some further discussion, on motion by Mr. Eggers, seconded by Mr. Land the following resolution was unanimously adopted; Ce Q WHEREAS, Roswell C. Nye has submitted an application CC) for a building permit to the Building Inspector for the construction of a one family dwelling; and WHEREAS, this application came to be heard on Dec. 27, 1961, at which time action was deferred to Feb. 28, 1962, so that Mr. Nye could get an architect's plans; and WHEREAS, :Mr. Nye did not appear at the meeting of Feb. 28, 1962; and WHEREAS, Mr. Nye has filed a new application for a 349 building permit to the Building Inspector for the con- struction of a one family dwelling, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV, Section 445. 2, Building on Lots Less Than Required Size and Section 410, which provides for street line frontage, side yards, etc. ; and WHEREAS, Mr. Nye has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Lot owned in single and separate ownership since 1922. 2. Topography of lot prevents locating house in any other position and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons in- terested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions are peculiar to such land and do not apply generally to the land in the district and which circumstances and 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. Lot owned in single and separate ownership since 1922. 350 e 2. Topography of lot prevents locating house in any other position and which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would depirve the application of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reason- able use of such land and that the variance as granted by this Board is the minimum adjustment that will ac- complish this purpose. (c) That the granting of this variance 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 410 be varied and modified so as to allow the construction of a one family dwelling having a street line frontage of 40, 76 feet on premises located on the southerly side of Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404, Parcel 267, in strict accordance with the plans filed with this appli- cation and 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 Board, 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, A building permit shall be void if construction is not started within 6 months or 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. The secretary then read application No. 6 APPLICATION NO. .6--FRANK LA MANTIA--Case 123 Application of Frank La Mantia for modification of Article .»� IV, Section 410, Schedule of Uses in a Business District, so as to allow the second story of an existing building 351 to be rented for light manufacturing or fabrication with no retail sales, from premises located at 24 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411, Parcel 224, on the grounds of practical difficulty and/or unnecessary hardship. Mr. Schuler asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Frank La Mantia In Opposition: Irving Taub 10 Copley Road, Larchmont Mr. La Mantia appeared and explained that if he could rent the second story of his building for light manufacturing it would help him a great deal finiancially. He pointed out that ever since he had had the building space had been empty. He also called attention to improvements he had made, such as filling in the back of the property and doing some landscaping, etc. , which had cost him about $3000. 00. The Board asked if he had any prospective tenant and were answered in the negative. Mr. Taub said that he thought this was spot zoning and if it were to be done the property should be up-zoned not down-zoned. Following some further discussion the Board asked Mr. La Mantia to return when he had a specific tenant or offer of one, they also gave Mr. La Mantia permission to advertise for a tenant for light manufacturing. At this point Mr. Taub asked if he would be notified of a future application and was told that it would have to be re- advertised and notices sent to all interested parties. The Chairman then requested the secretary to read the 8th and 9th application. These two applications will be considered together as the fences requested would be contiguous. APPLICATION NO. 8--HARRYA.O'CONNOR--Case 125 Application of Harry A. O'Connor of 3 Larch Lane for per- mission to erect 100 linear feet of 6' 6" high solid wood fence at the rear of his property which is along Hidden 352 CGreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 203, Parcel 213, in accordance with Article IV, Section 421. 4 of the Zoning W Ordinance of the Town of Mamaroneck. APPLICATION NO. 9 -- DR. A. S. BREAKEY--Case 126 CL a�S Application of Dr. Arnold S. Breakey of 5 Larch Lane for permission to erect 60 linear feet of 6' 6" high solid wood fence across the south east corner of O property along Hidden Green Lane and known on the O Tax Assessment Map of the Town of Mamaroneck m as Block 203, Parcel 265, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman asked if any person present wished to speak either in favor of or in opposition to these applications and the following persons addressed the Board: For Appellants: Harry A. O'Connor Mrs. Arnold Breakey In Opposition: None Mr. O'Connor appeared and submitted plans for the proposed fences he stated that the rough grading of the new road was a mess and that the privacy of his rear yard and terrace had been destroyed. Mrs. Breakey pointed out that this road had been put in after a they bought their home. Mrs. Breakey also streesed the need of privacy and the safety of children. W The Board asked if these problems could not be solved Q with a wire fence and Mrs. Breakey answered that the lights from cars were also a nuisance. dj Following some further discussion, on motion by Mr. Land, seconded by Mr. Eggers the following resolution was unanimously adopted: 0 WHEREAS, Harry A. O'Connor and Dr. Arnold S. Breakey m heretofore requested permits to erect 100 linear feet of 6'6" high solid wood fence and 60 linear feet of 6'6" high 353 solid wood fence at the rear and across the south east corner of properties located at 3 and 5 Larch Lane, and known on the Tax Assessment Map of the Town of Ma- maroneck as Block 203, Parcels 213 and 265; and WHEREAS, the Building Inspector refused to issue such permits on the ground that construction or erection of such fences violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mr. O'Connor and Dr. Breakey have appealed to this Board for modification of the Building Inspector's decision, pursuant to Article IV, Section 421. 4 of the Zoning Ordinance so as to allow the erection of said fences: NOW, THEREFORE, BE IT RESOLVED that permission is granted to Mr. O'Connor and Dr. Breakey to erect a stockade wood fence, to start in a pre-arranged location to the rear of Dr. Breakey's home and extend south toward Mr. O'Connor's property and pass the property line to a pre-arranged location to the south. At no time is this fence to exceed 6 feet in height and only one step at or near the property line will be allowed. The fence therefore will be 4 feet or less on Mr. O'Connor's land. FURTHER RESOLVED that this application has been approved for a period of 3 years only, at which time the then owner must petition for a new variance according to the Zoning Ordinance and conditions then existing. FURTHER RESOLVED that this resolution be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read application No. 10 APPLICATION NO. 10-- Dr. S. R. DRACHMAN--Case 127 Application of Dr. Stanley R. Drachman for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow an extension on the rear of an existing building having a rear yard of 25 feet rather than the required 40 feet on premises located at 29 Stonewall Lane and known on the Tax Assessment Map 354 W (/) Ili C^ of the Town of Mamaroneck as Block 333, Parcel 324. The chairman asked if anyone present wished to address the n= Board and the following persons were heard. 0 CO For Appellant: Dr. Stanley R. Drachman In Opposition: None Dr. Drachman appeared and stated that this extension was necessary as they were expecting an addition to their family. Following some discussion and learning that there was no one present in opposition to this application the following res- olution was unanimously adopted: WHEREAS, Dr. Drachman has submitted an application for a building permit to the Building Inspector for the extension to an existing building; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted fialed to comply with the Zoning Ordinance of the Town oms ® of Mamaroneck with particular reference to Article IV, Section 410 which has to do with rear yards, side yards, etc. ; and WHEREAS, Dr. Drachman has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Builders and architects have studied the as problem and say that architecturally it would be unfeasible to build an addition to the house in any other manner. 0 and 0 CO WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons in- terested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT ti.. RESOLVED that this Board finds the following: 355 (a) That there are special circumstances and conditions applying to the land and building for which a variance is sought which circumstances and/or conditions are peculiar to such land and do not apply gnereally to the land or buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning HLegulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. To enlarge the house in any other manner would be architecturally unfeasible. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would depirve the applicant of the reasonable use of such building and land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and building and that the variance as granted by this Board is the minimum adjustment that will ac- complish this purpose. /', (c) That the granting of this variance 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 410 be varied and modified so as to allow the construction of an extension to an exisint building whieh will create a rear yard of 25 feet, on premises located at 29 Stonewall Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Parcel 324, in strict ac- cordance with the plans submitted with this application and 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 Board 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. A building permit shall be void if construction is not started within 6 months or completed within two years of the date of said permit. 356 FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the 5th application. APPLICATION NO. 5--CARLO RONCONI--CASE 122 Application of Carlo Ronconi for modification of Article IV, Section 410, Schedule of Business District Regulations, so as to allow the construction of a metal storage building 56 feet x 50 feet which will increase the building coverage 10% making it 45% rather than the required 25% on property located on the south side of Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Parcel 344 on the ground of practical difficulty and/or unnecessary hardship. Mr. Schuler asked if anyone wished to speak either in favor of or in opposition to this application and the following persons were heard: For Appellant: Carlo Ronconi, Jr. Alfred Willis, Architect In Opposition None Mr. Ronconi, appearing for his father, stated that they would like to increase their storage space as their business was in- creasing. Mr. Willis submitted plans and explained them. Following some discussion and on learning that no one wished to speak in opposition the following resolution was unanimously adopted: WHEREAS, Carlo Ronconi has submitted an application for a building permit to the Building Inspector for the con- struction of a metal storage shed; and WHEREAS, the Building Inspector refused to issue such permit on the ground that the plans submitted failed to comply with tine Zoning Ordinance of the Town of Mamaroneck with partic- ular reference to Article IV, Section 410, which provides for maximum building coverage, etc. ; and 357 WHEREAS, Mr. Ronconi has submitted an application for a variance to this Board on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Need storage space for powered lawn and garden equipment which cannot be stored out of doors. and WHEREAS, this Board has examined the plans and also has viewed the rpoperty and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions are peculiar to such land and do not apply generally to the land in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesiad circumstances and/or conditions are as follows: 1. Additional space is needed for storage of powered lawn and garden equipment which said circumstances and/er. conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. (c) That the granting of this variance 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 410 be varied and modified so as to allow the construction of a metal storage ,..� building 56 feet x 50 feet, which will increase building .,., coverage 10%, on premises located on the south side of 358 Fifth Avenue and known on the Tax Assessment Map of the 0010, Town of Mamaroneck as Block 131, Parcel 344, in strict accordance with the plans filed with this application and pro- vided 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 Board, 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, A building permit shall be void if construction is not started within 6 months or completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the 7th application. APPLICATION NO. 7--CHARLES GREENHAUFF--Case 124 Application of Charles Greenhauff for modification of Article IV, Section 445. 2, Building on Lots Less Than Required Size and Section 410, Schedule of Residence District Reg- ulations, so as to allow the construction of a one family dwelling having a street line frontage of 46 feet rather than the required 50 feet, on premises located on the west side of Chatsworth Avenue, south from Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114, Parcel 381, on the grounds of practical difficulty and/or unnecessary hardship. The Chairman asked if anyone present wished to be heard either in favor of or in opposition to this application and the following persons addressed the Board. For Appellant: George P. Forbes, Esquire 9 Devon Rd. , Larchmont Dr. Joel Schwartzman 145 No. Chatsworth Ave. In Opposition: None Mr. Forbes, representing Mr. Greenhauff, appeared and sub- mitted plans for the proposed dwelling. He explained that this piece 359 of property had been purchased prior to the change in zoning, and that the house would conform with the present zoning except for street frontage. Mr. Forbes also presented a telegram and a signed statement from neighbors indicating that they were in favor of this appli- cation. Dr. Schwartzman stated that he had seen the plans and was in favor of the variance being granted. Following a short discussion the following resolution was adopted unanimously: WHEREAS, Charles Greenhauff has submitted an application for a building permit to the Building Inspector for the construction of a one family dwelling; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV, Section 410 which provides for street line frontage, side and rear yards, etc. ; and WHEREAS, Mr. Greenhauff has submitted an application for a variance to this Board on the grounds of practical difficulty • and/or unnecessary hardship for the following reasons: 1. Property purchased prior to change in Zoning 2. House can only be located in this manner and WHEREAS, this Board has examined the plans and also ahs viewed the property and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to tha land for which a variance is sought, which circumstances and/or conditions are peculiar to such alnd and do not apply generally to the land in the district and whichcircumstances and conditions have not 360 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. Property purchased prior to Zoning Change. 2. Topography of plot makes it impossible to locate hous differently which said circumstances and/or conditions are such that the particular applicaiont of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of this 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 to the applicant and that Article IV, Section 410 be varied and modified so as to allow the construction of a one family dwelling, having a street line frontage of 46 feet on premises located on the west side of Chatsworth Avenue, south from Forest Avenue, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114, Parcel 381, in strict accordance with the plans filed with this application and procided 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 Board, 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. A building permit shall be void if construction is not started within 6 months or completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. 361 A ADJOURNMENT There being no further buisness to come before this meeting it was adjourned in honor of Arthur Dunn. Lavenia Brewer for Ruth Dammann r 362