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HomeMy WebLinkAbout1966_06_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 22, 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 acting Chairman at 8:10 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 May 25, 1966 were pre- sented and on motion duly made and seconded, approv- ed 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 240 Application of Thomas B. Albertson 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 second story addition to the ex- isting dwelling having a minimum side yard of 7.82 feet and a total of both side yards of 17.14 feet instead of the required minimum side yard of 10 feet and total of both sides of 20 feet on the premises located at 35' Valley Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 115, Parcel 501 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. Thomas Albertson, Esq. , applicant Communications: Letters of approval re- ceived from 6 neighbors as follows: Mr.&Mrs. Richard Early 48 Valley Road, Larchmont Mr.& Mrs. Edward Cosgrove 39 Valley Road, Larchmont Mr.&Mrs. Ludwig Bieringer 210 Rockingstone Ave. , Larchmont Mr.& Mrs. Philip E. Kretz 33 Valley Road, Larchmont Edna Jorgenson 208 Rockingstone Ave. , Larchmont Mr.&Mrs. Albert S. Anderson 241 Rockingstone Ave. , Larchmont In opposition: None Mr. Albertson stated that the house was built in 1928 and .since he had purchased the dwelling in 1962 his family has grown. There is a need for two extra bedrooms and the only other place for this addition would be in the rear of the house. Due to the top- ographical condition of the lot which is very steep and because the rear yard consists mostly of rock it would be necessary to blast at a great expense to the applicant. It is proposed that the addition of a second story at the rear of the present house be over the exist- ing dining room and sun porch. Following a short discussion 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 fol- lowing resolution duly adopted: WHEREAS, Thomas B. Albertson has submitted an application to the Building Inspector for the construction of a second story to 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 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 10.00 feet and total of both sides of 20 feet on the premises located at 35 Valley 1 61- Road and known on the Tax Assessment Map C of the Town of Mamaroneck as Block 115, Parcel 501; and WHEREAS, Thomas B. Albertson 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 a second story to the existing dwelling on a lot having a side yard of 7.82 feet and a total of both side yards of 17.14 feet instead of the required side yard of 10 feet and total of both sides of 20 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 applying to the land/or building for which a variance is sought, which cir- cumstances and or/conditions are peculiar to such land and/or build- ings and do not apply generally to the land and/or buildings in the district, and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Due to the topograph- ical dondition of the lot which is very steep and the rear yard consists mostly of rock. 2. Addition will pro- vide two extra bedrooms. 3. That said circumstances and/or conditions are such that the particular ap- plication of the Ordi- nance with respect to CO Article IV, Section 410 would deprive the appli- cant 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 1 Q 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 addi- tion to the existing dwelling, having a minimum side yard of 7.82 feet and a total of both side yards of 17.14 instead of the required minimum side yard of 10 feet and total of both sides of 20 feet on the pre- mises located at 35 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 155, Parcel 501, in strict conformance with the plans filed with this application and amended, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board where a variance is granted, the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. A build- ing permit shall be void if construction is not started within six months and com- e/ pleted within two years of the date of said permit. FURTHER RESOLVED, that this decision be ' . If filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 241 Application of Winthrop J. Allegaert for modifica- tion of Article IV, Section 421.4 Fences and Walls of the Zoning Ordinance so as to allow the install- ation of approximately 32 lin. ft. of 5 foot high wooden fence along the easterly side of property on the premises located at 659 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114, Parcel 162 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. Winthrop J. Allegaert, Esq. , applicant Mr. John Collins, 657 Forest Ave. , Larchmont Mr. Allegaert presented to the Board two affidavits ® stating that he and Mr. Margetjak, who had installed the fence had been given incorrect information by the Secretary to the Building Inspector. Mr. Allegaert had installed a fence to match the existing fence that was on the property when he pur- chased it in 1963. He stated that the fence is ad- jacent to a thick untrimmed hedge on his neighbor's property at 661 Forest Avenue. Mr. John Collins, who is another neighbor, of 657 Forest Avenue said that Mr. Allegaert's fence enhanced his property and a 4' fence would look lopsided. Following further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Mullick - Nay The application was therefore denied and the follow- ing Resolution adopted: WHEREAS, Winthrop J. Allegaert was served with a Notice of Violation by the Building 41) Department for erecting a 5' high wooden fence in violation of the Town Zoning Or- dinance, Section 421.4, of approximately 32 lin. ft. along the easterly side of the property on the premises located at 659 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114, Parcel 162; and WHEREAS, the Building Inspector issued said Violation on the ground that the erection of said fence violated Article IV, Section 421.4 Fences and Walls of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Winthrop J. Allegaert has sought relief from Article IV, Section 421.4 of the Zoning Ordinance so as to allow the erection of said fence; and WHEREAS, the Board finds no facts exist sufficient to justify the erection of ap- proximately 32 lin. ft. of 5 foot high wooden fence as requested, NOW, THEREFORE, BE IT RESOLVED, that the above request for modi- fication of Article IV, Section 421.4 of the Zoning Ordinance to erect approximately 32 lin. ft. of 5 foot 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 third application. APPLICATION NO. 3 - CASE 242 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 practical difficulty and/or unnecessary hardship. Mr. Gordon Rosenblum of 8 Woodbine Terrace, Dobbs Ferry, New York represented Mr. Lashins, who was not able to attend the meeting. After a short dis- cussion the Board asked Mr. Rosenblum several ques- 41:1 tions which he was not able to answer. It was sug- gested this case be held in abeyance until the next meeting on July 27, 1966 when Mr. Lashins could ap- pear and that it would not be necessary to republish. The Chairman requested the Secretary to read the fourth application. APPLICATION NO. 4 - CASE 243 Application of Mrs. Bernice Someck for modification of Article IV, Section 421.4 Fences and Walls of the Zoning Ordinance so as to allow the installation of 66 lin. ft. of 6 foot high wooden fence along a portion of the westerly side line on the premises located at 11 York Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 228, Parcel 27 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. and Mrs. Someck In oppostion: Mr. Robert J. Caffrey, Sales Manager, Investors Collateral Corp. 166-11 Hillside Avenue Jamaica, Long Island Communications: Mrs. Harry Hooper, 3 Ridgeway Road, Larchmont Mr. Jacob A. Green, President Investors Collateral Corp. 166-11 Hillside Avenue Jamaica, Long Island Mr. Someck stated to the Board that he intended to fence in the side of his property but due to the uneven terrain and the possibility of new dwellings eventually to be built adjacent to their terrace and dwelling a 4' high fence would not provide the necessary privacy. Also, the top of the 4' high fence would be level with the floor of the terrace. Mr. Robert J. Caffrey, Sales Manager of Investors Collateral, who are building the new homes in this area stated his opposition to this application. A letter was received from Mr. Green, President of Investors Collateral opposing this application. At the Planning Board meeting on June 7, 1966 Mr. Someck was assured by the builders that they would cooperate in order to establish the proper grades so that the low terrain of his land would not become inundated. A communication was also received from Mrs. Hooper 411 of 3 Ridgeway Road voicing her protest against the erection of this fence. The Board pointed out that the Somecks had resided -......_. _ at 11 York Road fo r about four years and upuntil til this time had not required a fence. After a short discussion a vote was taken and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Mullick - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mrs. Bernice Someck has submitted an application to the Building Inspector for a building permit for the erection of 66 lin. ft. of 6 foot high wooden fence along a portion of the westerly side line on the premises located at 11 York Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 228, Par- cel 27; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that erection of said fence would violate Article CIV, Section 421.4 Fences and Walls of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mrs. Bernice Someck has appealed to this Board for modification of the Build- ' ing Inspector's decision pursuant to Article IV, Section 421.4 Fences and Walls of the Zoning Ordinance so as to allow the erection of said fence; and WHEREAS, the Board finds no facts exist sufficient to justify the erection of 66 lin. ft. of 6' high wooden fence as re- quested, NOW, THEREFORE, BE RESOLVED, that the above application for a building permit to erect 66 lin. ft. 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9.25 p.m. Rita A. John n, Secretary __._ 1 5