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HomeMy WebLinkAbout1966_07_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 27, 1966, 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 Mr. Eggers, the act- ing Chairman at 8:05 p. m. ROLL CALL Present: Mr. Richard F. Eggers, Acting Chairman Mr. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 22, 1966, 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 which had been held over from last month's meeting. APPLICATION NO. 1 - CASE 243 Application of Edward A. Lashins for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-20 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of a new screened porch at the rear of the existing dwelling on a lot having a rear yard of 21 feet instead of the required 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 325, on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Lashins appeared before the Board and stated his main reason for wanting to construct this screen- ed porch was that it would make a covered passageway from the house to the garage and due to his wife's health would offer protection from the bad weather. The Board pointed out to Mr. Lashins that a canvas awning would serve the same purpose but the appli- i 1 cant felt an awning was not practical. It was also pointed out by the Board that this is the third time this variance has been applied for. Previous to the purchase of this house by Mr. Lashins, the builder had applied and in July 1965 Mr. Lashins came before the Board. The applicant claimed he was not aware of this situation when he purchased the property and as yet has not moved into the house. He said he had spoken to some of the neighbors who were in favor of this screened porch and they thought it would "dress up" the property. 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 The application was therefore denied and the follow- ing resolution duly adopted: WHEREAS, 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 Mamar- oneck, with particular reference to Article IV, Section 410, Schedule of Residence District Regulations for an R-20 Residen- tial District of the Zoning Ordinance which requires a minimum rear yard of 40' on the premises located at 5 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346, Parcel 325; and WHEREAS, 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 land, the design and room location which presently exists, construction of the porch behind the garage appears to be the only logical location that is both func- tional and does not affect the overall architectural design. 2. That this will also create a covered passage from the gar- age to the house. WHEREAS, this Board has examined the plans and also 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 denied the appli- cation 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 circum- stances or conditions are peculiar to such land and which do not ap- ply generally to land in the dis- trict. 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 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 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 second application. APPLICATION NO. 2 - CASE 244 ,... Application of Francis J. Stock for modification °e.. of Article IV, Section 410, Schedule of Residence District Regulations for an R-10 Residential Dis- trict, of the Zoning Ordinance so as to allow the construction of a porch to the front of the exist- ( ing dwelling having a front set back of 25 feet in- stead of the required 30 feet, on the premises lo- cated at 700 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 107, Par- cel 697, on the grounds of practical difficulty and/ or unnecessary hardship. The following persons were heard: In favor: Mr. Francis J. Stock, applicant Mr. Anthony J. Schneible 272 Murray Ave. , Larchmont Communications: Letter of approval signed by: Mr. Anthony Schneible 272 Murray Ave. , Larchmont Mr. James Arena 411 Weaver St. , Larchmont Mr. Kyoko Suzuki 274 Murray Ave. , Larchmont Lawrence & Gail Kelly 409 Weaver St. , Larchmont Mr. Stock stated that the house was built in 1926 prior to the Zoning regulations and that there is already an existing patio which had been built prior to his purchase of the house 14 years ago. The patio is built on a rock cropping and cannot be moved. Since the house has no dining room Mr. Stock wants to use this porch for dining. 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 - Nay The application was therefore granted and the follow- ing resolution duly adopted: WHEREAS, Francis J. Stock has submitted an application to the Building Inspector for a building permit for the construction of a porch to the front of the existing dwell- ing 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 Residence Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance which pro- vides for a front set back of 30 feet on the premises located at 700 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107, Parcel 697, and WHEREAS, Francis J. Stock has submitted to this Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reason: To allow the construction of an enclosed porch having a front set back of 25 feet instead of 30 feet from Forest Avenue. WHEREAS, this Board has examined the plans and also 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 granted the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions 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 condi- tions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regula- tions appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Addition will be built over an existing raised terrace. 2. Addition will pro- vide a dining area where none had existed before. 3. That said circum- stances and/or condi- dons• are such that the particular appli- cation of the Ordinance with respect to Article IV, Section 410 would deprive 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 re- asonable use of the land and/or building 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 porch to the front of the existing dwelling, having a front set back of 25 feet instead of the required 30 feet on the premises located at 700 Forest Avenue and known on the Tax Assessment Map of the Town of Mam- aroneck as Block 107, Parcel 697, 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 Board where a variance is granted, the ap- licant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. A build- ing permit shall be void if construction is not started within six months and coin- pleted within two years of the date of said permit. 166t 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 245 Application of Charles Revson for modification of Article IV, Section 424.1, Dwellings in House Trailers, of the Zoning Ordinance so as to allow temporary liv- ing quarters to be maintained in the existing House Trailer while additions and alterations are being made to the main dwelling in an R-30 Residential Dis- trict, on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509, Parcel 86, on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: Mr. Elliot Saltzman, Architect 41 West 56th Street, New York, N. Y. 10019 Mr. Irving Botwin, Executive Assistant to Mr. Revson 666 Fifth Avenue, New York, New York Mr. Saltzman presented to the Board a copy of the proposed building and plumbing plans and stated that once construction is started on the addition and al- terations to the Revson dwelling, he estimates it will take about a year to complete. The permit is now being held up until the Health De- partment approves the plumbing. It will be necess- ary to install a new sanitary field, a septic system and possibly a small sewage plant because of the amount of bathrooms required by Mr. Revson. Following further discussion about the length of time it would be necessary to occupy the trailer as living quarters a short recess was taken. When the Board returned they advised that the trailer would have to be removed from the property by March 1, 1967 and with the approval of the applicant the application should be amended accordingly. A vote was taken on the amended application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Nay The amended application was therefore granted and the following resolution duly adopted: WHEREAS, Charles Revson has submitted an application for a permit to the Building Inspector so as to allow temporary living quarters to be maintained in a house trailer located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamar- oneck as Block 509, Parcel 86, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 424.1 of said Ordinance prohibits house trailers in all districts; and WHEREAS, Charles Revson has submitted to this Board an application for the extension of an expired variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: 1. To allow the house trailer to be occupied by the children of Mr. Revson until such time as the addition and alterations to the dwelling would allow the removal of the trailer from the property. WHEREAS, this Board has examined the plans and also 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 follow- ing: (a) That there are special cir- cumstances and conditions apply- ing to the building for which this variance is sought. (b) That the aforesaid circum- stances and/or conditions are as follows: (1) Occupancy of the existing house trailer is necessary so as to accommodate members of the applicant's immed- 7 DC fate family while final plans and permits are obtained to proceed with a proposed addition and alteration to the main dwelling. (2) That said circum- stanes and/or condi- tions are such that the particular appli- cation of the Ordinance with respect to Section 424.1 would deprive the applicant of the use of such temporary living quarters and that for these reasons the grant- ing of this variance is desirable. The variance as granted by the Board is the minimum adjust- ment that will accom- plish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant until March 1, 1967, when by its terms it shall expire and become null and void; and that Article IV, Section 424.1 is hereby varied and modified so as to allow temporary living quarters to be maintained in a house trailer, 17-feet by 55-feet, on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509, Parcel 86, in strict conformance with the plans filed with 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 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 246 Application of Edward J. McDonnell 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 an addition at the rear of the dwelling having a side yard of 8.25 feet instead of the required 10 feet, on the premises located at 22 Harrison Drive and ,,.., known on the Tax Assessment Map of the Town of Mam- aroneck as Block 502, Parcel 134, on the grounds of practical difficulty and/or unnecessary hardship. In the absence of Mr. McDonnell who was out of town, his brother-in-law, Mr. Paul Gerard of 8 Whitehall Road, Eastchester, New York represented him. Mr. Gerard stated that Mr. McDonnell's family con- sisted of six members and at present there was no dining room in the house only a small enclosed sun porch at the rear of the house. If this addition is permitted the present kitchen will become a din- ing area and a kitchen will be built at the rear of the house. If it is necessary for Mr. McDonnell to keep within the ten feet side yard minimum the existing sun porch would have to be destroyed. The rear lot line is within the regulations. There was no opposition to this application. A vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye �✓ Commissioner Topping - Aye The application was therefore granted and the follow- ing resolution duly adopted: WHEREAS, Edward J. McDonnell has submitted an application to the Building Inspector for a building permit for the construction of an addition 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 Mam- aroneck, with particular reference to Ar- ticle IV, Section 410, Schedule of Resi- dence District Regulations for an R-7.5 Residential District of the Zoning Ordi- nance which provides for a side yard of 10 feet on the premises located at 22 Harrison Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 502, Parcel 134, and WHEREAS, Edward M. McDonnell has submitted to this Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reason: To allow the construction of an addition to the rear of the dwelling having a side yard of 8.25 feet instead of the required 10 feet. WHEREAS, this Board has examined the plans and also 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 granted the appli- cation on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or buildings and do not apply gen- erally 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 Regula- tions appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Due to the fact that it would be nec- essary to destroy exixt- ing sun porch if the ten feet side yard min- imum was to be maintained. 2. Addition will provide an extra room. 3. That said circum- stances and/or condi- tions are such that the particular appli- cation of the Ordinance with respect to Article IV, Section 410 would ,�► deprive the applicant of the reasonable use of such land and/or building and that for these reasons the grant- ing of the variance is 1 � q necessary for the re- asonable 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 an addition to the rear of the existing dwelling, hav- ing a side yard of 8.25 feet instead of the required 10 feet on the premises lo- cated at 22 Harrison Drive and known on the Tax Assessment Map of the Town of Mam- aroneck as Block 502, Parcel 134, 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 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 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 fifth application. APPLICATION NO. 5 - CASE 247 Application of Edward Clarke for modification of Article IV, Section 421.4, Walls and Fences, of the Zoning Ordinance so as to allow the installa- tion of 24 lineal feet of 6 foot high wooden fence along the northerly and easterly sides of an exist- ing terrace at the rear of the dwelling, on the premises located at 67 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223, Parcel 552, on the grounds of practi- cal difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. Edward Clarke, applicant In opposition: Mr. and Mrs. Lewis Davis 69 Rockland Ave. ,Larchmont Communications:Letter of approval from Mr. & Mrs. Gilbert C. Osnos, 2 Crest Ave. , Larchmont Mr. Clarke stated that he was desirous of erecting this fence for privacy in his back yard. At present if they want to entertain at a "cook-out" they are forced to use the front yard which does not allow for privacy. Mr. Clarke claims the garage at 69 Rockland Avenue is on his property line with the roof overhanging his property and it is necessary to have a 6' fence to hide the unsightly condition of this garage. He, also, stated that when the garage window is open- ed it projects on to his property. It was pointed out that legal steps could be taken to have the gar- age roof overhang and window overhang removed. A letter was received from Mr. and Mrs. Osnos approv- ing Mr. Clarke's plan to erect a six foot fence which they felt would enhance the value of the property as well as improve the view from their property. Mr. and Mrs. Lewis Davis of 69 Rockland. Avenue, who are the owners of the property on which the garage in question is located stated that the garage is entirely on their property and that the window has not been opened for over a year. They objected to the fact that Mr. Clarke had not consulted them at all about putting up a fence and that such a fence would make it impossible for them to clean the leaves in the Fall from the gutter and between the fence and the garage. The Board asked if it would be pos- sible to put up a fence that could be taken down once a year for the purpose of cleaning the leaves at a time convenient to Mr. Davis. Mr. Clarke agreed that this could be done. After a short recess a vote was taken on the appli- cation and the result follows: 1 9 ( Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Nay The application was therefore denied and the follow- ing resolution duly adopted: WHEREAS, Edward Clarke has submitted an application to the Building Inspector for a building permit for the erection of 24 lineal feet of 6 foot high wooden fence along the northerly and easterly sides of an existing terrace at the rear of the dwelling, on the premises located at 67 Rockland Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 223, Parcel 552; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that erection of said fence would violate Article IV, Section 421.4 Fences and Walls of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Edward Clarke has appealed to this Board for modification of the Building In- spector's decision pursuant to Article IV, Section 421.4, Fences and Walls of the Zon- ing Ordinance so as to allow the erection of said fence, and WHEREAS, the Board finds no facts exist sufficient to justify the erection of 24 lineal feet of 6' high wooden fence as requested, NOW, THEREFORE, BE IT RESOLVED, that the above application for a building permit to erect 24 lineal feet of 6' high wooden fence be denied. 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 sixth application. APPLICATION NO. 6 - CASE 248 Application of Mrs. Herman M. Spitzer for modifica- tion 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 construction of a porch over an existing terrace hav- ing a minimum side yard of 8 feet instead of the re- `'` quired 10 feet, on the premises located at 21 South Drive, Rouken Glen, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108, Parcel 415, on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Spitzer stated that the terrace is already on the house and that the porch will not extend beyond the building as it already exists. Because of Mr, Spitzer's illness the Doctor has in- sisted he have a place to relax and rest where it is shaded but still in the fresh air. There was no opposition to this application. A vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore granted and the follow- ing resolution duly adopted: WHEREAS, Mrs. Herman M. Spitzer has sub- ; mitted an application for a building per- mit for the construction of a porch over an existing terrace 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 Residence District Regulations for an R-10 Residen- tial District of the Zoning Ordinance which provides for a minimum side yard of 10 feet on the premises located at 21 South Drive, Rouken Glen and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 108, Parcel 415, and WHEREAS, Mrs. Herman M. Spitzer has sub- mitted to this Board an application on the ground of practical difficulty and/ or unnecessary hardship for the following reason: To allow the construction of a porch over an existing terrace having a minimum side yard of 8 feet instead of the required 10 feet. WHEREAS, this Board has examined the plans and also 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 granted the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or buildings and do not apply gen- erally 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. That porch will not extend beyond the building line as it already exists. 2. That said circum- stances and/or condi- tions are such that the particular appli- cation of the Ordinance with respect to Article IV, Section 410 would deprive 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 such land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. l y (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 detri- mental 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 porch over an existing terrace having a minimum side yard of 8 feet instead of the required 10 feet, on, the premises located at 21 South Drive, Rouken Glen, and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 108, Parcel 415, in strict conformance with the plans filed with this application and amended, provided that the application 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 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 seventh application. APPLICATION NO. 7 - CASE 249 Application of Gaetano Protano, Jr. for modification of Article IV, Section 410, Schedule of Regulations for an R-10 Residential District, of the Zoning Or- dinance so as to allow the construction of a one family dwelling on a lot having a depth of 85 feet and a rear yard of 15 feet instead of the required depth of 100 feet and minimum rear yard of 25 feet, on the premises located at 198 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, part of Parcel 545, on the grounds of practical difficulty and/or unnecessary hardship. 10 The following persons were heard: In favor: Donald S. Mazin, Esq. , Attorney for applicant 22 Boston Post Road, Larchmont Mr. Guy Protano, Jr. Protano Lane, Mamaroneck In opposition: Mr. Lazar Leventhal 199 Hickory Grove Drive, Larchmont Mr. Edwin Hoffman 184 Hickory Grove Drive, Larchmont B. Jeannette Morrell 185 Hickory Grove Drive, Larchmont Mr. John. C. Smith 187 Hickory Grove Drive, Larchmont Mr. Harold Loewenheim 167 Hickory Grove Drive, Larchmont Mr. Arthur E. Gasparini 189 Hickory Grove Drive, Larchmont Mrs. George Peters 195 Hickory Grove Drive, Larchmont Mr. Carl Heller 194 Hickory Grove Drive, Larchmont Mrs. Frank Perciasepe 196 Hickory Grove Drive, Larchmont Communication: Letter of opposition from Mr. Richard Sarkisian 191 Hickory Grove Drive, Larchmont Mr. Mazin presented a petition for Mr. Protano to build a one family contemporary home on the property, in question and an amended site plan showing a new location for the proposed dwelling which did not re- quire a variance for the rear yard with the request that his application be amended accordingly. He stated that the premises were purchased on or about November 1960 for $5,000. and due to the peculiar size and shape of the lot and the rocky terrain the applicant cannot make use of the land. Mr. Protano has tried to purchase a piece of the land immediately to the rear of his property but was not able to do so and though he has tried to sell the lot in ques- tion at a price less than what he paid there were no buyers,. The applicant has been paying $374.74 for school and Town taxes on the property. crC It was pointed out that Mr. Protano had sold a piece of the parcel on which a one family dwelling was con- structed. The proposed dwelling would sell for approx- imately $40,000. to $50,000. and a house of this type would not downgrade the neighborhood. After some discussion Mr. Topping brought up the point that the application was made by Mr. Gaetano Protano, Jr. , V. P. and technically the application should have been filed in the name of the corporation, the owner of the property. The Board decided that it would not make its decision until Mr. Johnston, the Town Attorney advised as to whether or not the appli- cation is in order. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 11:00 p.m. 67. Rita A. Joh 'on, Secretary .1