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HomeMy WebLinkAbout1968_05_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 22, 1968, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order 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 April 25, 1968 were presented and on motion duly made and seconded, ap- proved 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 286 Application of Hampshire Country Club, Inc. for mod- ification of Article IV, Section 421.4 Walls and Fences of the Zoning Ordinance which restricts heights of fences to 4 feet so as to allow the erection of 2000 lin. ft. of 8 ft. high chain link fence along the northerly and westerly boundary line on the pre- mises located at Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 414 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Peter D'Angelo, General Manager of the Club and Mr. Sol G. Feldman, a member of the Club's Board of Directors represented the application. Mr. D'Angelo stated that the Club was applying for a variance to erect an 8' fence because when the new school is completed the fence will not only pro- tect the Club from vandalism but also prevent injury to any trespassers by golf balls. The applicant, also, stated that the fence would afford privacy and tranquility for the Club members. Mr. Walter T. Clark, an Attorney of 271 North Avenue, New Rochelle, representing Dr. and Mrs. Benford of 45 Hommocks Road stated that his clients felt they were unable to either approve or disapprove the ap- plication because the applicants only give "approxi- mates". Mr. D'Angelo pointed out that the fence in front of the Benford's would be hidden behind high bushes. Mr. and Mrs. Hugh Keiser of 22 Rock Ridge Road stated that there was a drainage ditch which was on the boundary line of their property and the Club property and they were concerned as to whether the drainage ditch would be in front or behind the fence. Mr. D'Angelo stated that the ditch would not be fenced in. Mr. and Mrs. Keiser expressed concern over the maintenance of the drainage ditch and stated that if the ditch becomes clogged it would affect their property and adjacent properties. Mr. D'Angelo stated that the Club would install a gate in order to maintain the ditch. After further discussion the Board suggested to Mr. D'Angelo that he postpone his application till the next meeting of June 26, 1968 and the applicant was asked to bring in more detailed plans. The ap- plication will be published in the Daily Times but the adjoining property owners will not have to be notified again. The Chairman called a short recess and when the Board returned the Chairman requested the Secretary to read the next application. APPLICATION NO. 2 - CASE 287 Application of Mr. and Mrs. Gordon Albert for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of a one family dwelling on a lot having an area of 5720 square feet instead of the required 6000 square feet and a street line frontage of 58 feet instead of the required 60 feet on the premises located at 17 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 part of Parcel 179 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Gordon Albert of the Larchmont Acres Apartments were represented by Mr. Anthony F. Vitetta, an Attorney, of 444 East Boston Post Road, Mamaroneck. ® Mr. Vitetta stated that the application was for an "area" variance as the lot in question is 280 square feet short of the required 6000 square feet. In order to maintain the required side yards the front- age is limited to 58 feet instead of the required 60 feet. Adjacent properties are such that the ap- plicant cannot secure additional frontage or area. The property in question was purchased by Mr. Mancini from the Town of Mamaroneck and at Mr. Mancini's death the property was inherited by his wife. Mrs. Mancini now wants to turn this piece of property over to her daughter and son-in-law, Mr. and Mrs. Albert. The Alberts are desirous of erecting a house on the lot for their own use but the lot is a difficult lot to build on because of its topography. Mr. Vitetta presented a petition signed by neighbors approving the application. It was pointed out that the majority of the homes in the area are all on 50 foot lots and there are only a few homes with larger frontages. It was, also, pointed out that at the time title was taken to the lot in 1951 it was a con- forming lot and that Mr. Mancini at that time could have built a house on the lot. The Chairman asked if there was any opposition to this application and the Secretary presented two peti- tions that had been given to her just before the meet- ing by Mr. Wayne Soverns of 21 Edgewood Avenue. One petition was signed by Mr. and Mrs. Soverns and the other by several neighbors. Mrs. Louise Soverns presented her objections to the application and stated that the privacy of her property would be destroyed if a two story house were to be erected on the sub- standard strip next to her property. Mrs. Soverns stated that the beautiful old elm tree on the lot would have to be destroyed and that the resale value of her house would be depreciated. Mrs. Soverns, also, pointed out that five properties in a row on the south side of Edgewood Avenue all have frontages of 75' or over and that by creating a substandard building lot the area would be downgraded. After further discussion the Chairman asked if there was anybody in the Court room who would like to say anything further. Mr. Don Rumbarger of 16 Edgewood Avenue stated he approved of the application and that he had heard Mr. Mancini say several times that he thought he would build on the lot in question. Mrs. Jane Widmark of 14 Edgewood Avenue and Mr. and Mrs. John Pugliese of 62 Myrtle Blvd. both approved the application and agreed that the lot would be consider- ably improved. The Chairman called a short recess to discuss the application after which a vote was taken and the re- sult was as follows: ® Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Mullick - Aye Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. Gordon Albert have submitted an application to the Building Inspector for a building permit for the construction of a one family 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-6 Residential District of the Zoning Ordinance which provides for a lot area of 6000 square feet and a street line frontage of 60 feet on the premises located at 17 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 part of Parcel 179, and WHEREAS, Mr. and Mrs. Gordon Albert have 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 one family dwelling on a lot having an area of 5720 square feet instead of the required 6000 square feet and a street line frontage of 58 feet instead of the required 60 feet. WHEREAS, this Board has examined the plans 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 in the district, and which circumstances and condi- tions have not resulted from qr,r- 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. That the former owner, Mr. Mancini, had purchased the pro- perty in 1951 at which time a one family dwell- ing could have been constructed on a 50' x 100' parcel. 2. That the former owner and applicant had separated the par- cel in such a manner to gain the fullest conformity with the existing Zoning Ordi- nance. 3. That the proposed 410building lot contains only 4% less than the required area in a zone where most of the dwellings were constructed on lots containing 5000 square feet. 4. That the proposed dwelling would meet all other area require- ments. 5. 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 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 one fam- ilydwelling on a lot having 5720 square feet and a street line frontage of 58 feet on the premises located at 17 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 part of Parcel 179, in strict confor- mance with the plans filed with this ap- plication 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:10 p.m. ' Rita A. John , Secretary ( 17