Loading...
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 /-i/ 43/