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HomeMy WebLinkAbout1962_06_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 27, 1962, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: Laurence Sobel, Chairman George Schuler Richard Eggers Richard I. Land ABSENT: Sydney Bierman ALSO PRESENT: William Paonessa, Building Inspector ANNOUNCEMENT The Chairman announced that since there were no cases pending for the July meeting, and since several members of the Board and also the Building Inspector would be on vacation there would be no Zoning Board meeting in July. MINUTES The minutes of the meeting of May 23, 1962 were accepted as presented. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of the hearing 372 in the official newspaper of the Town of Mamaroneck, The Daily Times, on June 20, 1962. The Chairman requested the secretary to read the first application. APPLICATION NO. 1--MARY MCCORMICK--Case 130 Application of Mary McCormick for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one family dwelling having side yards of 8 and 6 feet rather than the required 8 and 10 feet, on premises located at 5 Wood Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 238, on the grounds of practical difficulty and/or unnecessary hardship. The Chairman asked whether any person present wished tobe heard either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Frank Casciaro 28 Cooper Lane In Opposition: None Mr. Casciaro, representing Mrs. McCormick, stated that this property had been owned by the applicant since 1947. He pointed out that at that time the Zoning Ordinance required side yards of 6 feet and that the neighborhood had changed since the property was acquired. Mr. Eggers asked if the architect was aware of the present Zoning Ordinance and Mr. Casciaro replied in the affirmative and further stated that he felt that since the property abutted a parking lot the variance could do no harm. Following some further discussion on motion by Mr. Eggers, seconded by Mr. Land the following resolution was unanimously adopted: WHEREAS, Mary McCormick has submitted an application for a building permit to the Building Inspector for the construction of a one family dwelling; and WHEREAS, the Building Inspector has refused to issue such permit to the applicant on the ground that the plans 373 submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV, Section 410, which deals with side yards, etc. ; and WHEREAS, Mrs. McCormick 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. House would be too small to be practical. 2. Property next to parking lot and therefore granting of the variance could cause no harm to the neighborhood. and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this appli- cation after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions are peculair to such land and do not apply generally to the land 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 circumstances and/or conditions are as follows: 1. Property owned since 1947. 2. Zoning at that time required side yards of 6 feet each. 3. Property abuts parking lot and therefore granting of variance could cause no harm to the neighborhood. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. 374 (c) That the granting of this variance will 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 soas to allow the construction of a one family dwelling having side yards of 8 feet and 6 feet, on premises located at 5 Wood Street, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 238, in strict accordance with the plans filed with this application and 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 building permit shall be void if construction is not started within 6 months or completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filled with the Town Clerk as provided in Section 267 of the Town Law. The Chairman then requested the secretary to read the second application. APPLICATION NO. 2--DR. RALPH A. BAER--Case #131 Application of Dr. Ralph A. Baer for permission to erect 190 linear feet of 5 foot high wooden fence along the northeast, south and southwest boundary line on premises located at 40 Colonial Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 120, Parcel 244, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman inquired whether any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Dr. Ralph A. Baer In Opposition: None Dr. Baer, submitted plans for the proposed fence and stated 375 that his reasons for wanting the fence was to provide privacy for his family and also protection for his children. Mr. Schuler state that it was the general concensus of opinion of both the Town and Zoning Board that too many wooden fences were being erected where shrubbery or a fence not quite so high would ac- complish the same purpose. Dr. Baer said that he had owned this property since October 1961 and felt that due to the fact that it abutted a dead-end street a fence 5 feet high was necessary. Following some further discussion on motion by Mr. Schuler, seconded by Mr. Sobel the following resolution was unanimously adopted: WHEREAS, Dr. Ralph A. Baer heretofore requested a permit to erect 190 linear feet of 5 foot high wooden fence along the northeast, south and southwest boundary lines on premises located at 40 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120, Parcel 244; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that construction or erection of such fence violates Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Dr. Baer has appealed to this Board for modification of the Building Inspector's decision pur- suant to Article IV, Section 421. 4 of the Zoning Ord- inance so as to allow the erection of said fence: NOW, THEREFORE, BE IT RESOLVED that permission is denied Rip to Dr. Ralph A. Baer to erect 190 linear feet of 5 foot high wooden fence on premises located at 40 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120, Parcel 244. The secretary then read the third application. APPLICATION NO. 3--JAMES O'CONNEL--Case 132 Application of James O'Connel for permission to erect 130 linear feet of 6 foot high wooden fence along the rear and 376 side lines of property located at 103 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 125, Parcel 525, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Frank Turco 106 Myrtle Blvd. James O'Connel In Opposition: None Mr. O'Connel appeared and submitted plans for the proposed fence. He stated that he would like this fence so that his family would have more privacy and perhaps it would help subdue the noise of the Thruway. He further stated that there are raccoons which come through his property and upset garbage cans, etc. The Board pointed out to Mr. O'Connel that a four foot fence or privet fence would afford privacy and also eliminate the nuisance of the Raccoons. Mr. Turco said that he thought the fence would do no harm and that he agreed with Mr. O'Connel that a privet hedge would be too much work. Following some further discussion on motion by Mr. Eggers, seconded by Mr. Land the following resolution was unanimously adopted: WHEREAS, John O'Connel heretofore requested a permit to erect 130 linear feet of 6 foot high wooden fence on premises located at 103 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 525; and WHEREAS, the Building Inspector refused to issue such permit on the ground that construction or erection of such fence vilotaed Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the Building Inspector refused to issue such permit on the ground that construction or erection of such fence violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and 377 WHEREAS, Mr. O'Connel 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 erection of said fence: NOW, THEREFORE, BE IT FQ RESOLVED, that permission is denied to John O'Connel to erect 130 linear feet of 6 foot high wooden fence on premises located at 103 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 125, Parcel 525. 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 8:45 p. m. ilo Ruth Dammann Secretary 378