HomeMy WebLinkAbout1968_08_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK HELD AUGUST 28, 1968, IN THE COURT
ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD
AVENUE, TOWN OF MAMARONECK.
CALL TO ORDER
The meeting was called to order at 8:15 p.m. by the
Chairman.
ROLL CALL
Present: Mr. Richard F. Eggers, Chairman
Mr. E. Robert Wassman
Mr. Henry Mullick
Mr. Russell G. Pelton
Absent: Mr. Price H. Topping
APPROVAL OF MINUTES
The minutes of the meetings of June 26, 1968 and
July 24, 1968 were presented and on motion duly made
and seconded, approved as submitted.
PUBLIC HEARING
The Chairman declared the hearing open and the Sec-
retary presented for the record the affidavit of
publication of the notice of hearing.
The Chairman requested the Secretary to read the
first application.
APPLICATION NO. 1 - CASE 286
Application of Hampshire Country Club, Inc. for modi-
fication of Article IV, Section 421.4 Walls and Fences
of the Zoning Ordinance which restricts heights of
fences to 4 feet in Residence Districts so as to
allow the erection of 1300 lin. ft. 8 ft. high chain
link fence along the northerly and westerly boundary
line on the premises located at Hommocks Road and
known on the Tax Assessment Map of the Town of Mama-
roneck as Block 414 Parcel 1 on the grounds of prac-
tical difficulty and/or unnecessary hardship.
The Chairman stated that this application had been
presented to the Board two months ago and had been
denied at that time. Mr. D'Angelo had requested
a rehearing and submitted a new application and plan.
The Chairman, also, stated that the Board was only
interested in any new testimony and not a rehash
of the old testimony from the previous application.
The Club was represented by Mr. Delius, an Attorney,
of 7 Woodland Avenue, Larchmont and by Mr. Peter
cTg7
D'Angelo, the General Manager of the Club. Mr. Delius
stated that the type and construction of the fence
was the same as previously requested and to relieve
the traffic hazard the fence will be set back fur-
ther from the road near the intersection of Hommocks
and Eagle Knolls Road as shown on the new plan.
The fence is to eliminated in the rear of some of
the lots on Rock Ridge Road and across from the Ben-
ford's property, Mr. D'Angelo had amended the plan
to show a 6' fence. Mr. Delius, also, stated that
the reason for the fence was "obvious".
Mr. D'Angelo described the direction of the proposed
1300 lin. ft. of fence to the Town line and stated
that the service road was to be eliminated by being
filled in with soil, topsoil and shrubbery. Mr.
D'Angelo said that the gate will be relocated approx-
imately 100 ft. northwest of the 14th tee.
Mr. Eggers was concerned about the section where
there was to be no fence at the intersection and
the proximity of the pond which he considered more
dangerous to the children who would trespass. The
Board agreed that the Club had a real hardship and
that with the opening of the new school there would
be increased trespassing by the children from the
new school. The Board, also, agreed that an 8' fence
in preference to a 4' fence would be more likely to
eliminate trespassing and injury to any trespasser
from a golf ball. Mr. Eggers asked Mr. D'Angelo
what the cost was to construct a "green" and he re-
plied approximately $10,000.00.
Mr. Clark, an Attorney of 271 North Avenue, New Ro-
chelle, represented Dr. and Mrs. Benford and stated
that they were in favor of the application but wanted
an assurance from Mr. D'Angelo that the Club would
not reapply to the Board to extend the fence. Mr.
D'Angelo had met with the Benfords and agreed to
a 6' fence across from their property which would
be placed in back of the shrubbery, but did not feel
that if the purpose was not served by the 6' fence
he could promise that he would not request the Board
to extend the fence.
Mr. Howard Sloane of 8 Oaks Lane, President of the
Hommocks Property Owners Association spoke and said
he was still opposed to the 8' fence. He said he
felt that because there were no sidewalks the chil-
dren had to walk somewhere and that the fence would
create a traffic hazard.
Mr. Ralph Junge of 49 Hommocks Road voiced his oppo-
sition to the 8' fence and said he felt a 4' fence
would be enough protection for the Club property.
He stated that if the applicants installed a 4' fence
® on a trial basis and if it did not work out he would
be willing to consent to the 8' fence.
Mr. Keiser of 22 Rock Ridge Road stated that if the
fence is not completely around the Club property
trespassers will find waysgetting of ettin on the Golf
Course ro ert .
P P Y
After further discussion the Chairman called a short
recess and when the Board returned the Chairman ad-
vised the applicants that they were not prepared
to vote on the application and that the sketch the
applicants had submitted and Mr. D'Angelo's verbal
description was inadequate. The Chairman advised
the applicants that the Board will hold a special
meeting on September 11, 1968 and the Club was to
submit an engineer's site plan with all the details
mapped out so that the Board would be able to vote
and have something for their files.
The Chairman requested the Secretary to read the
second application.
APPLICATION NO. 2 - CASE 295
{ Application of Marie B. and Margaret Scully for modi-
( fication of Article IV, Section 410 Schedule of Resi-
dence District Regulations for an R-10 Residential
District of the Zoning Ordinance so as to allow the
subdivision of an already existing non-conforming
lot having a lot area of 9700 sq. ft. , street line
frontage of 70 feet and an average lot width of
90 feet which requires a minimum lot area of 10,000
sq. ft., street line frontage and average width of
85 feet on the premises located at 128 Valley Stream
Road and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 210 Parcel 656 on the grounds
of practical difficulty and/or unnecessary hardship.
Mr. George Burchell, an Attorney, of 7 Woodland Ave-
nue, Larchmont represented the applicants and stated
that the Scully family was desirous of turning a
10 ft. strip of their property over to Mr. and Mrs.
Brady, who is their sister ;and lbrother-in-law, so
as to make the Brady's property more conforming and
improve the resale value of their house.
The Board felt that because the application stated
to"permit a subdivision of an already existing non-
conforming lot" they did not know whether this was
in their jurisdiction. Mr. Burchell agreed to amend
the application to read to "permit the extension
(- of an already existing non-conforming lot".
Mr. Burchell stated that no additional building lot
was sought nor were any additions or alterations
to the present dwellings contemplated. If the Board
allowed the variance the Scully's property would
contain 8300 sq. ft. instead of the present 9700
sq. ft. and the Brady's would contain 7800 sq. ft.
instead of the present 6200 sq. ft. The side yards
of both properties would then be conforming. Pre-
sently the Brady's side yard is non-conforming.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Mullick - Aye
Commissioner Pelton - Aye
The amended application was therefore granted and
the following Resolution duly adopted:
WHEREAS, Marie B. and Margaret Scully have
submitted an application to the Building
Inspector to allow the extension of an
already existing non-conforming lot; and
WHEREAS, the Building Inspector has refused
to allow the apportionment because the
plan submitted does not comply with Arti-
cle IV, Section 410 Schedule of Residence
District Regulations for an R-10 Residen-
tial District of the Zoning Ordinance which
requires a minimum lot area of 10,000 sq.
ft. , street line frontage and average width
of 85 feet on the premises located at 128
Valley Stream Road and known on the Tax
Assessment Map of the Town of Mamaroneck
as Block 210 Parcel 656; and
WHEREAS, Marie B. and Margaret Scully have
submitted an application for a variance
on the ground of practical difficulty and/
or unnecessary hardship for the following
reasons:
1. The 10' strip of the property
to be turned over by the Scully's
to the Brady's will make the
Brady property more conforming
and improve the resale value
of the Brady house.
2. The location of the present
buildings on both lots in rela-
tion to the respective side yards
would be in conformity with the
present Zoning Ordinance.
WHEREAS, this Board has examined the plan,
9qo
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 grants the ap-
plication as amended on the following grounds:
(a) That there are special cir-
cumstances and conditions apply-
ing to the land and/or building
for which a variance is sought,
which circumstances and/or con-
ditions are peculiar to such land
and/or building and do not apply
generally to the land and/or build-
ings 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 circum-
stances and/or conditions are
as follows:
1. No additional build-
ing lot is sought by
this application nor
is any physically pos-
sible.
2. The proposed con-
veyance of the 10'
strip would not impair
conformity with any
other requirements
of the Ordinance.
3. That said circum-
stances or conditions
are such that the par-
ticular application
of the Ordinance with
respect to Article IV,
Section 410 would de-
prive the applicant
of the reasonable use
of such land and/or
building and that for
these reasons the grant-
ing of the variance
is necessary for the
reasonable use of the
land and/or building
and that the variance
If(
as granted by this
Board is the minimum
adjustment that will
accomplish this pur-
pose.
(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 permit the extension of an already
existing non-conforming lot on the premises
located at 128 Valley Stream Road and known
on the Tax Assessment Map of the Town of
Mamaroneck as Block 210 Parcel 656 in strict
conformance with the plans filed with this
application and amended, provided that
the applicant complies in all other res-
pects with the Zoning Ordinance and Build-
ing 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 Certificate of
Occupancy within three months of the filing
of this Resolution with the Town Clerk.
FURTHER RESOLVED, that this decision be
filed with the Town Clerk as provided in
Section 267 of the Town Law.
The Chairman requested the Secretary to read the
next application.
APPLICATION NO. 3 - CASE 296
Application of Dr. William Bauman for modification
of Article IV, Section 410, Schedule of Permitted
Accessory Uses in Residence Districts so as to allow
the construction of a family swimming pool and appurt-
enances less than the required 15 feet distant from
the rear of the dwelling on the premises located at
20 Country Club Drive and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 229 Par-
cel 93 on the grounds of practical difficulty and/
Qor unnecessary hardship.
Dr. Bauman appeared before the Board and was repre-
sented by Mr. Michael R. Maddaloni who is connected
with the E. L. Wagner Company, Inc. , the contractors
who are going to build the swimming pool.
Mr. Maddaloni stated they were desirous of putting
the pool on the same level as the rear porch with
a distance of 6' between the enclosure of the porch
and the pool structure. Dr. Bauman had contacted
Mr. Maddaloni several months ago about the possibi-
lity of constructing a swimming pool for physical
reasons and Mr. Maddaloni had suggested he have test
borings made. The test borings had indicated that
because of the rock condition of the property the
proposed site and type of pool were most desirable.
The applicant stated that most of the property in
the rear is solid rock and rather than risk the hazard
of blasting he proposed to have the pool in the loca-
tion as shown on the plan. The applicant said he
felt that aesthetically the proposed location was
the most attractive and preferred to have access from
the house to the pool.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Mullick - Nay
Commissioner Pelton - Aye
The application was therefore granted and the fol-
lowing Resolution duly adopted:
WHEREAS, Dr. William Bauman has submitted
an application for a building permit to
the Building Inspector for the construc-
tion of a family swimming pool and appur-
tenances 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 Zoning Ordinance of the Town of Mamar-
oneck with particular reference to Article
IV, Section 410, Schedule of Permitted
Accessory Uses of the Zoning Ordinance
which requires a distance of 15 feet from
the rear of the dwelling on the premises
located at 20 Country Club Drive and known
on the Tax Assessment Map of the Town of
Mamaroneck as Block 229 Parcel 93; and
® WHEREAS, Dr. William Bauman 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. Most of the property in the
rear is solid rock and is limited
for installing the pool other
than the proposed site without
removing a large quantity of
rock.
2. Aesthetically the proposed
location is most attractive and
would give access from the house
to the pool.
WHEREAS, this Board has examined the plans,
reviewed the application and heard all
persons interested in this application
after publication of a notice thereof,
NOW, THEREFORE, BE IT
RESOLVED, that this Board grants the ap-
plication on the following grounds:
(a) That there are special cir-
cumstances and conditions apply-
ing to the land and/or building
for which a variance is sough;,
which circumstances and/or con-
ditions are peculiar to such
land and/or buildings and do
not apply generally to the land
and/or buildings in the district,
and which circumstances and con-
ditions have not resulted from
any acts of the applicant sub-
sequent to the date of the Zoning
Regulations appealed from.
(b) That the aforesaid circum-
stances and/or conditions are
as follows:
1. Because of the
topographical condi-
tion of the property
the proposed location
is the most desirable.
2. That said circum-
stances or conditions
are such that the par-
ticular application
of the Ordinance with
respect to Article IV,
Section 410 would de-
prive the applicant
of the reasonable use
of such land and/or
building and that for
these reasons the grant-
ing 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
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 fam-
ily swimming pool and appurtenances on
the premises located at 20 Country Club
Drive and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 229
Parcel 93 in strict conformance with the
plans filed with this application and amen-
ded, provided that the applicant complies
in all other respects with the Zoning Or-
dinance 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 build-
ing permit shall be void if construction
is not started within six months and com-
pleted 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 Chairman requested the Secretary to read the
fourth application.
APPLICATION NO. 4 - CASE 297
Application of Mr. Fred J. Anderson for modifica-
tion of Article IV Section 421.4 Walls and Fences
of the Zoning Ordinance which restricts heights of
fences in a Residential District to 4 feet so as
to allow the erection of 49 lin. ft. of 6' high wooden
fence along the Weaver Street property line on the
premises located at 129 Carleon Avenue and known
on the Tax Assessment Map of the Town of Mamaroneck
as Block 405 Parcel 371 on the grounds of practical
difficulty and/or unnecessary hardship.
Mr. Anderson presented his application to the Board
and stated that with the opening of the new Middle
School and the construction of the new Weaver Street
sidewalk it would be necessary to have the 6' fence
on his property to keep the children from trespassing
and protect his property.
There is already a 6' fence and the new portion will
be a continuation of the existing fence. When the
Town constructed the sidewalk it was necessary to
cut down the hedges.
A letter was received by the Board from Mr. Howard
Grant of 130 Carleon Avenue stating that the fence
would run to his property line and he was in favor
of the approval of Mr. Anderson's application.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Mullick - Aye
Commissioner Pelton - Aye
The application was therefore granted and the fol-
lowing Resolution duly adopted:
WHEREAS, Mr. Fred J. Anderson has submitted
an application to the Building Inspector
for a building permit for the erection
of 49 lin. ft. of 6' high wooden fence
along the Weaver Street property line on
the premises located at 129 Carleon Avenue
and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 405 Par-
cel 371; and
WHEREAS, the Building Inspector has refused
to issue such permit on the ground that
erection of such fence would violate Ar-
ticle IV, Section 421.4 Walls and Fences
of the Zoning Ordinance of the Town of
Mamaroneck; and
WHEREAS, Mr. Fred J. Anderson has submitted
to this Board an application for a variance
on the ground of practical difficulty and/
or unnecessary hardship for the following
reason:
1. Because of the new Middle
School and the new sidewalk on
IDWeaver Street the property will
be accessible to trespassing by
children going to and from the
new school.
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 ap-
plication on the following grounds:
(a) That there are special cir-
cumstances and conditions apply-
ing to the land and/or building
for which a variance is sought,
which circumstances and/or con-
ditions have not resulted from
any acts of the applicant sub-
sequent to the date of the Zoning
Regulations appealed from.
(b) That the aforesaid circum-
stances and/or conditions are
as follows:
1. It is necesaary
to have the 6' fence
to keep the children
going to the new Mid-
dle School from tres-
passing.
2. That said circum-
stances or conditions
are such that the par-
ticular application
of the Ordinance with
respect to Article IV,
Section 421.4 Walls
and Fences would de-
prive the applicant
of the reasonable use
of such land and/or
building and that for
these reasons the grant-
ing 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 adjust-
ment that will accom-
plish 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 421.4 Walls and Fences be varied
and modified so as to allow the erection
of 49 lin. ft. of 6' high wooden fence along
the Weaver Street property line on the pre-
mises located at 129 Carleon Avenue and
known on the Tax Assessment Map of the Town
of Mamaroneck as Block 405 Parcel 371 in
strict conformance with the plans filed
with this application and amended, 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 build-
ing permit shall be void if construction
is not started within six months and com-
pleted 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
meeting it was adjourned at 10:35 p.m.
Rita A. Johnson, Secretary
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