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HomeMy WebLinkAbout1965_06_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 23, 1965, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:05 p.m. ROLL CALL Present: Mr. Sydney D. Bierman, Chairman Mr. Henry E. Mullick Mr. Price H. Topping Mr. E. Robert Wassman Absent: Mr. Richard Eggers APPROVAL OF MINUTES The minutes of the meeting of May 26, 1965 were presented, and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the secretary presented for the record the affi- davit of publication of the Notice of the Hearing. The Chairman then requested the secretary to read the first application. APPLICATION NO. 1 - Case 218 Application of Robert W. Betzing for modifi- cation of Article IV, Section 421.4 Walls and Fences of the Zoning Ordinance, so as to allow the erection of 20 L.F. of 6' high solid wood fence along the rear portion of the westerly side line on the premises located at 22 Dimitri Place, Larchmont, N.Y. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121, Parcel 569, on the grounds of pract- ical difficulty and/or unnecessary hardship. 672 (:: The following persons were heard: In favor: Mr. & Mrs. Harry Fanjul 16 Dimitri Place Mrs. Donald Chapin 14 Dimitri Place Mr. S. Kazdin 17 Byron Lane Mrs. Thomas Harder 25 Byron Lane Mr. & Mrs. Robert W. Betzing 22 Dimitri Place In Opposition: None Communications: None Mr. Betzing stated that he is requesting only a partial screening of his property which would be a short fence 20' in length and 6' high in order to utilize. a very small backyard. He further stated that his neighbors are in corn- plete agreement with his request since it would provide a fine appearance from both sides. Mr. Bierman questioned the applicant as to the uniqueness of his situation that would warrant a fence 6' high instead of the 4' fence which would be allowed. Mr. Betzing replied that due to the closeness of the houses, the patios are adjacent with both back doors opening into the same area. This area was originally planned as one flag- stone terrace but since it has been cut in half, he has a pond on his side and his neighbors have a barbecue on their side. Mr. Wassman asked the applicant if he had considered an alternate type of screening such as a tall hedge row or hemlock screen. Mrs. Betzing replied that there was no way to grow plants in this area due to a rock ledge and anything that might grow at all would be stunted due to the densely shaded f 1~ area. Mr. Bierman asked Mr. Betzing if he had con- sidered relocating the terrace to which Mr. Betzing replied that the cost would be out of 673 question as a pond would have to be relocated. Mr. Fanjul, the immediate neighbor to the west had no objections nor did Mr. Kazdin whose property adjoins both parties from the rear. Mr. Kazdin stated that he had lived there for 18 years and could attest to the fact that nothing could grow on the rock ledge in question. He further stated that this fence would not be 6' in height from a level piece of ground. Due to the topography of the land, the sharp drop, which is 2' below grade of vision must be considered. At this time, Mr. Betzing submitted a communication from Mr. Anthony Luzzi, Builder of a house at 20 Dimitri Place recommending the approval of the 6' fence, which was read by the Chairman and ordered filed for the record. The Chairman announced a five minute recess. Following the recess, a vote was taken on the application which resulted as follows: Commissioner Bierman - Naye Commissioner Mullick - Naye Commissioner Topping - Naye Commissioner Wassman - Aye The application was therefore denied and the follow- ing resolution duly adopted: WHEREAS, Robert W. Betzing has submitted an application to the Building Inspector for a building permit for the erection of 20 L.F. of 6' high solid wood fence along the rear portion of the westerly side line on the premises located at 22 Dimitri Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121, Parcel 569; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that erect- ion of such fence violated Article IV, Section 421.4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Robert W. Betzing has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421.4 of the Zoning Ordinance so as to allow the erect- ion of said fence; and WHEREAS, the Board finds no facts exist sufficient to justify the erection of 20 L.F. of 6' high fence as requested, 674 ONOW, THEREFORE, BE IT RESOLVED, that the above application for a build- ing permit to erect 20 L.F. of fence be denied. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. NNW BUSINESS The Chairman advised the Board that he had had a conversation with the Town Attorney concern- ing the minutes on the Ferndale Shopping Center and thereupon, after some discussion, the Chair- man dictated the following resolution: RESOLVED, that the Board unanimously requests that henceforth before the minutes are pre- sented in final form for adoption by the Board, they be reviewed and approved for adequacy and propriety of form and content by the Town Attorney, and that the secretary send a copy of this reso- lution to the Supervisor and Town Attorney for their information and consideration. OADJOURNMENT There being no further business to come before this meeting, it was adjourned at 9:30 p.m. Alt Le Esta E. Davis; Secretary C 675