Loading...
HomeMy WebLinkAbout1969_07_02 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 2, 1969, 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 by the Chairman at 8:15 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 28, 1969 were pre- sented 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 303 Application of Mr. Jerome S. Lynch for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-7.5 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of a one story addition to the south- erly side of the dwelling located on a corner lot having a minimum front setback of 25 feet instead of the minimum required front setback of 30 feet and a minimum rear yard of 15.83 feet instead of the minimum required rear yard of 25 feet on the premises located at 35 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 229 on the grounds of practical difficulty and/or unnecessary hardship. THIS APPLICATION IS A REHEARING OF CASE 288. oMr. Edward F. X. Ryan of 4 Chatsworth Avenue, Larch- mont, New York represented Mr. Lynch and stated that at the time Mr. Lynch presented his first applica- tion, which was denied, he had not submitted all \s. ! �J the facts. Mr. Ryan stated that Mr. Lynch neglected to say that his mother-in-law would be living with them part of the year and that in addition to enlarg- ing the kitchen and adding rear door closets an extra room is to be added to be used for a study-den and convertible bedroom with lavatory.,, Mr. Ryan said that the use for which the applicant has requested a variance will not alter the essen- tial character of the neighborhood. Mr. Ryan also stated that even though Mr. Lynch's rear yard would be only 15.83 feet it would still be 25.99 feet away from the lot line of the premises along Vine Road on which the next nearest building is constructed on the corner of Villa Road. In addition the pro- perty in the rear of his dwelling on Villa Road has a structure running along Mr. Lynch's southerly lot line for approximately 17 feet. Mr. Ryan added that several of the other residences in the immediate neighborhood do not meet the rear yard requirement of 25 feet. It was pointed out that most of the houses in this vicinity were built before the pre- sent Zoning Ordinance. Mr. Stanley P. Judkins of 6 Villa Road, who had signed a petition for the previous application stated that he was in favor of the application. Mr. William Wright of 22 Vine Road and Mr. David Meadow of 41 Vine Road expressed their approval. The Secretary presented a letter that had been received from Mr. and Mrs. J. W. Talbott of 37 Vine Road in which Mr. Talbott stated that although he had previously ap- proved Mr. Lynch's first application after talking it over with his wife he agreed with her point that because the lots in the area are small and the Lynch residence is one story higher than their dwelling air circulation and lighting would be even more re- stricted than it is at present if the variance is granted. They therefore request the application be denied. A question was raised as to the time that Mr. Lynch had found out that his mother-in-law would be coming to live with them and how he could have overlooked that fact when he first made application to the Zon- ing Board for the variance. After a short discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Jerome S. Lynch has submitted an application for a building permit to the Building Inspector for the construction of a one story addition to the southerly side of the existing dwelling 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 Mamaro- neck with particular reference to Article IV, Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance which re- quires a minimum required front setback of 30 feet on corner lots and a minimum required rear yard of 25 feet on the pre- mises located at 35 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 229; and WHEREAS, Mr. Jerome S. Lynch 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. The addition will enlarge the present kitchen so that the family will be able to eat in it. 2. The addition will add a study/ den and lavatory which can be converted into a bedroom for part of the year when his mother- in-law will reside with them. 3. Because of the current zoning this is the only available site for the proposed addition. 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, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the ap- plication on the following grounds: 1. That there were no special circumstances or conditions ap- plying to the land for which the variance is sought, which circum- stances or conditions are pecu- liar to such land and which do not apply generally to land in the district. 2. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 3. That the granting of the var- iance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood and detrimental to the public wel- fare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 308 Application of Mr. Alfred Harvey for modification of Article IV, Section 410 Schedule of Residence District Regulations for an R-20 Residential Dist- rict of the Zoning Ordinance so as to allow the con- struction of a second story addition over the west- erly side of the dwelling having a minimum front setback of 35 feet from Country Club Drive instead of the minimum front setback of 40 feet on the pre- mises located at 21 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Parcel 294 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Ray Dygert of Remodeling Consultants of 901 North Broadway, North White Plains, who is the contractor, represented Mr. Harvey. Mr. Harvey's dwelling is presently non-conforming as the builder had obtained a variance to build on the lot with a front setback of 30 feet instead of the required 40 feet and the second story addition will not encroach any further than the house is now. The original variance was granted because of the topography of the lot. O Mr. Porter Wiggins, Jr. , who lives at 19 Country Club Drive,stated that he had not had an opportunity to talk with Mr. Harvey or the contractor and would like to examine the plan before he expressed approval or disapproval. Mr. and Mrs. Edward A. Brown who (os() live at 28 Country Club Drive presented the Board with a letter expressing their objection to the ap- plication. In his letter Mr. Brown stated that he felt the proposed second story addition was unsightly and would lessen his property values. It was pointed out that the house presently has three bedrooms and that the addition will make the house a six bedroom house which is needed because of the large size of the family. It was suggested that the Board postpone Mr. Harvey's application until later on in the evening so that Mr. Wiggins and Mr. Dygert could discuss the appli- cation. Mr. and Mrs. Brown said they would have to leave and withdrew their objection. When Mr. Wiggins and Mr. Dygert returned Mr. Wiggins stated that he had no objection to the application. The Chairman pointed out that if the house had origi- nally been built as a two story colonial the first floor would have had less of a coverage and the builder would not have had to obtain the original variance. The second story could then have been built without a variance. The Board suggested that if the variance was granted a stipulation be put in the Resolution that no window be placed in the addition on the north- west wall. After a short discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Nay The application was therefore granted and the follow- ing Resolution duly adopted: WHEREAS, Mr. Alfred Harvey has submitted an application for a building permit to the Building Inspector for the construc- tion of a second story addition over the westerly side of the dwelling 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 Mamaro- © neck with particular reference to Article IV, Section 410 Schedule of Residence Dis- trict Regulations for an R-20 Residential District of the Zoning Ordinance which requires a front setback of 40 feet on ( 0 7 the premises located at 21 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Parcel 294; and WHEREAS, Mr. Alfred Harvey 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. To add three more additional bedrooms to the existing dwelling. 2. The second story addition will not encroach any further than the house is now. 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; 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 sought, 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. The proposed addi- tion will not encroach any further than the house is now. Q 2. That no window be allowed in the addition on the northwest wall. 3. That said circum- afe 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 reason- able use of the land and/ or building and that the variance as granted by this Board is the mini- mum 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 Schedule of Residence Dis- trict Regulations for an R-20 Residential • District of the Zoning Ordinance so as to allow the construction of a second story addition over the westerly side of the dwelling on the premises located at 21 Country Club Drive 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 Qsaid 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 third application. APPLICATION NO. 3 - CASE 309 Application of Mrs. J. M. Pugliese for modification of Article IV, Section 410 Schedule of Residence District Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construc- tion of a one story addition at the rear of the dwell- ing having a minimum side yard of 5.8 feet instead of the required minimum side yard of 8 feet on the premises located at 62 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 37 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Pugliese who was out of Town was represented by Mrs. Anita Link. Mrs. Link stated that when Mrs. Pugliese's family was all together the dining room was too small for the entire family to eat together and it was necessary for part of the family to dine in the kitchen. The proposed addition will not extend into the present side yard any further than the existing side yard. Mrs. Link said that the applicant has owned the house for about five or six years. Mrs. Link also said that the wall is being removed from the present din- ing room and being extended out. After a short discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. J. M. Pugliese has submitted an application for a building permit to the Building Inspector for the construction of a one story addition at the rear of the dwelling 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 O the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance which re- o6 c� quires a minimum side yard of 8 feet on the premises located at 62 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 37; and WHEREAS, Mrs. J. M. Pugliese 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. The present dining room is too small for the size of the family. 2. Proposed addition will not extend into present side yard more than the existing dwelling. 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; NOW, THEREFORE, BE IT RESOLVED, that this Board grants the appli- cation 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 condi- tions are peculiar to such 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. The proposed addi- tion will not extend into the present side yard any further than the existing dwelling. 2. That said circum- stances or conditions are such that the par- ticular application � 0C 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 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 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of a one story addition at the rear of the dwelling on the premises located at 62 Myrtle Boule- vard in strict conformance with the plans filed with this application and amended, provided that the applicant complies in all other respects with the Zoning Ordi- nance 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 con- struction is not started within six months and completed within two years of the date of said permit. O FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next application. (; VCR APPLICATION NO. 4 - CASE 310 Application of County Automotive Co. , Inc. for mod- ification of Article IV, Section 410 Schedule of Regulations for Non-Residential Districts so as to allow the construction of an addition at the rear of the present building creating a building cover- age of 29.15% instead of the required maximum build- ing coverage of 25% on the premises located at 194 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 123 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Morris L. Wade, President of County Automotive, Inc. who was present was represented by Mr. Lester W. Rubin, an Attorney of 6 Walden Lane, Rye, New York. The Volkswagon distributor has requested that their agency, County Automotive, provide at least six more service bays to meet the Volkswagon operating standards, before the end of the year. The present building has twelve bays, four of which are used to prepare new cars and only eight are left for diag- nosing and repairing other cars. The additional six bays are needed for diagnosing and repairing so that County Automotive can adequately service their customers. The additional mezzanine space is required for the storage of the increased parts inventory. The space required for this addition would be 2656 square feet which represents about 4.15% over the 25% maximum building coverage allowed. The present building coverage is approximately 23%. The appli- cants maintain that the Volkswagon distributor re- quire that their agencies meet certain requirements otherwise they would withdraw recognition of the firm as their agents which would cause serious finan- cial concern to both the owners and the employees involved. Mr. Rubin said that the character of the immediate area would not be affected by the addition, which would not be visible from the street. The Loyal Inn Bowling Alley adjoins the property immediately on the east and a series of one story garages adjoins the property on the west. It was pointed out that since Mr. Wade had opened the Agency about 8 years ago the business has expanded. A question was raised as to the parking spaces that O would be eliminated by the addition. Mr. Wade stated that he was well aware of the parking problem but has property in Larchmont that he rents for parking purposes and customer parking is very small. The Chairman pointed out that even if the Zoning Board granted the variance it would be necessary for the applicants to apply to the Town Board for a Special Permit. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wdasman - Nay Commissioner Mullick - Aye Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, County Automotive Co. , Inc. has submitted an application for a building permit to the Building Inspector for the construction of an addition at the rear of the present building 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 Mamaro- neck with particular reference to Article IV Section 410 Schedule of Regulations for Non-Residential Districts of the Zon- ing Ordinance which requires a building coverage of 25% on the premises located at 194 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 503 Parcel 123; and WHEREAS, County Automotive Co. , Inc. 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. The Volkswagon distributor requires that six more bays be added plus additional area for storing parts. 2. The proposed addition will not be visible from the street and will not affect the character of the immediate neighborhood. 3. If the addition is not allowed it will cause serious financial hardship to both the owners and the employees. 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; 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 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 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. The proposed addi- tion will not affect the character of the neighborhood as it is not visible from the street. 2. If Volkswagon dealer- ship requirements are not met it will cause serious financial hard- ship. 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 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 410 Schedule of Regulations for Non-Residential Districts of the Zoning Ordinance so as to allow the construction of an addition at the rear of the present dwelling on the premises located at 194 Boston Post Road 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. The Chairman requested the Secretary to read the next application. APPLICATION NO. 5- CASE 311 Application of Mr. John Fraioli for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-10 Residential District r-- so as to allow the construction of an addition to the easterly side of the dwelling maintaining a side yard of 7.41 feet instead of the minimum required side yard of 10 feet on the premises located at 5 Lansdowne Drive and known on the Tax Assessment Map 1 o6.s of the Town of Mamaroneck as Block 219 Parcel 183 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Fraioli presented his application to the Board and said that he wanted to enlarge the kitchen of his home to provide for a dining area as presently the kitchen is too small and it is necessary for them to eat all their meals in the dining room. Mr. Fraioli stated that when they had bought the house about 42 years ago there was five in the fam- ily and since that time they have another child. The applicant said they were having difficulty in finding another house and would like to continue to live in their present dwelling. Mrs. Frank Pickett of 162 West Brookside Drive pre- sented the Board with a letter from Mrs. Rudolph Ashner of 165 West Brookside Drive and they both maintain that the Fraioli house is much too close at the present time to the Pickett residence and if Mr. Fraioli is allowed to construct the addition they would practically be "sitting on top of the Pickett family". They also stated that the addition would lower their property and resale values and would not enhance the beauty of the neighborhood. Mr. George Quimby of 30 Lansdowne Drive, Mr. Carl Cordes, 20 Lansdowne Drive, Mr. Elihu Joyner, 46 Lansdowne Drive and Mr. Bernard Farr of 385 Weaver Street all expressed their disapproval. A vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Mullick - Aye Commissioner Topping - Nay Commissioner Felton - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. John Fraioli has submitted an application for a building permit to the Building Inspector for the construc- tion of an addition to the easterly side of the existing dwelling 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 Mama- roneck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance which requires a minimum side yard of 10 feet on the premises located at 5 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 183; and WHEREAS, Mr. John Fraioli 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. Due to the present size of the kitchen there is no room for dining and all meals must be eaten in the dining room. 2. Addition will not extend into side yard any further than the dwelling does at present. 3. Addition could not be con- structed in any other location without violating the Zoning Ordinance. 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, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the ap- plication on the following grounds: 1. That there were no special circumstances or conditions ap- plying 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. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. O3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and / 0G � would be injurious to the neigh- borhood 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 requested the Secretary to read the next application. APPLICATION NO. 6 - CASE 312 Application of Mr. Edward Lashins for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-20 Residential District so as to allow the construction of a screened porch at the rear of the existing dwelling having a rear yard of 21 feet instead of the minimum required rear yard of 40 feet on the premises located at 5 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Parcel 300 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Delius, an Attorney of 7 Woodland Avenue, Larch- mont, New York represented Mr. Lashins and stated that Mr. Lashins had appeared before the Zoning Board twice previously for a variance to build a screened porch and had been turned down. The house had been purchased in 1965 by Mr. Lashins and was built in 1957 before the present Zoning Ordinance. The house is approximately 30 feet from the rear lot line at present which does not conform with the 40 feet al- lowed under the present Zoning Regulations. Due to the irregular shape of the lot the proposed site seems to be the only logical location that is func- tional and will not effect the overall architectural design. Mr. Lashins stated that the house has an attached garage at the northerly end but that the garage was set back approximately 15 feet from the rear foun- dation line of the house and in this 15 feet area there was a flagstone terrace used to go from the rear door of the garage to the house. Because of Mrs. Lashin's arthritic condition it is difficult• for her to go from the house to the garage especially in the winter months without a covered passage way. The applicant, also, stated that when his first ap- plication was presented in 1965 he was away and was represented by Mr. Tiburzi, an associate, but when he again presented his application in 1966 he appeared before the Board himself and the Board denied his application because they found no hardship. Mr. Lashins stated that soon after he had purchased the house he had a roof built over the terrace and the / o6K Chairman asked Mr. Paonessa, the Building Inspector if this was so. Mr. Paonessa said that to his know- ledge at that time there was no roof over the terrace. Mrs. Lashins stated that they did not intend to use the terrace for anything else but an access from the house to the garage. Mr. Lashins, also, stated that they spend their winters in Florida because of their health and that he did not intend to break the law but thought that the builder had obtained a building permit to construct the screened porch. It was pointed out to Mr. Lashins that when he had purchased the house he was aware of the situation regarding the access from the house to the garage and that Mr. Lashins had received a summons in June for violating the Zoning Ordinance but obtained a postponement of the case. A vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Edward A. Lashins has submitted an application to the Building Inspector for a building permit for the construction of a screened porch at the rear of the existing dwelling 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 Mama- roneck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-20 Residential District of the Zoning Ordinance which requires a minimum rear yard of 40 feet on the premises located at 5 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Par- cel 300; and WHEREAS, Mr. Edward A. Lashins 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. Due to the irregular shape of the lot, the design and room location which presently exists, the proposed location is the only site that is functional and will not affect the overall architec- tural design. 2. The covered passage is needed because of Mrs. Lashints arthritic condition. 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, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the ap- plication upon the following grounds: 1. That there are no special circumstances or conditions ap- plying 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. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and that the granting of the variance is not necessary for the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood 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. o The Chairman asked the Secretary to read the last application. APPLICATION NO. 7 - CASE 313 /o6y Application of Mr. Edward Lashins for modification 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 installation of a 6' high wooden fence on the premises located at 5 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Parcel 300 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Lashins stated that he had the fence constructed by Labriola and Company who should have obtained a permit. Mr. Frank Costantini stated that he was the Superintendent for Mr. Labriola and that Labriola and Company had installed fences primarily in resi- dential areas. Mr. Costantini said they were aware of the fact that they needed a permit and the fence was not put up without a permit because of ignorance but due to a misunderstanding as he thought Mr. Lab- riola had obtained the permit. Mr. Lashins said there were shrubs there now but they were intended for appearance and not screening. The applicant said they had put in hemlocks but that they had died. The Board pointed out that they did not consider privacy a hardship as there are other ways to pro- vide screening. Mr. Lashins pointed out that the house directly behind his house was higher. Mr. Lashins, also, stated that he had received permission from his neighbors and presented the Board with a petition signed by Mr. Albert Gould of 8 Bruce Road and Mr. Richard F. Selig, 7 Bruce Road, approving both applications. After a short discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Aye Commissioner Mullick - Nay Commissioner Topping - Nay Commissioner Felton - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Edward A. Lashins has submitted an application to the Building Inspector for a building permit to allow the install- ation of a 6 foot high wooden fence on the premises located at 5 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Parcel 300; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that lC76 installation of said fence would violate Article IV, Section 421.4 Walls and Fences of the Zoning Ordinance of the Town of Mama- roneck; and WHEREAS, Mr. Edward A. Lashins 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. The 6' fence does not ad- versely affect the neighborhood and all the immediate neighbors have consented to its erection. 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 denied the ap- plication on the following grounds: 1. The Board finds that there is not sufficient hardship to justify the installation of the 6' fence. 2. That the facts and circum- stances are not such as would deprive him of the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 11:00 p.m. ita A. Johns , Secretary ! v //