HomeMy WebLinkAbout1961_05_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING
BOARD OF APPEALS OF THE TOWN OF MAMARONECK,
HELD MAY 24, 1961, IN THE COURT ROOM OF POLICE
HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF
MAMARONECK.
CALL TO ORDER
Laurence Sobel, acting chairman, called the meeting
to order at 8:00 p. m.
PRESENT: Laurence Sobel, Acting Chairman
Sydney Bierman
Richard Eggers
ABSENT: A. E. Wullschleger, Chairman
George Schuler
ALSO PRESENT: William Paonessa, Building Inspector
MINUTES
The minutes of the meeting held April 26, 1961, were
approved as presented.
ANNOUNCEMENT
Before opening the hearing, the chairman announced that
any person who desired could request that hearing on his
application be postponed to the next meeting since applications
heard when only three members of the Board were present
could be granted only upon unanimous vote.
HEARING
The Chairman declared the hearing open and requested
the secretary to read the first application which, after
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presentation of the affidavit of publication of the notice of
the hearing in the official newspaper of the Town of Ma-
maroneck, The Daily Times, on May 17, 1961, was read
as follows.
Case 90--APPLICATION NO. 1 --WALTER HAEGER
Application of Walter Haeger for permission to erect
81 lineal feet of 6 foot high wooden fence along the
westerly side line on premises located at 21 Kenmare
Road, Larchmont, and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 409,
Parcel 55, in accordance with Article IV, Section
421. 4 of the Zoning Ordinance of the Town of
Mamaroneck.
The Chairman asked if any person present wished to
address the Board either in favor of or in opposition to
this application and the following persons addressed the
Board:
For Appellant: Walter Haeger
Bernard Schwartz
17 Kenmare Road, Larchmont
In Opposition: None
Mr. Haeger appeared and submitted a plot plan and a
picture of the proposed fence. He stated that due to the
topography of his property a car could accidently roll off
the driveway onto the property next door. He also stated
that the erection of this fence would assure more privacy
for him and for his neighbors.
Mr. Schwarts, the neighbor in question, stated that
he had no objection to the fence and did not feel that it
would be detrimental to his property.
Mr. Bierman asked if a four foot fence would not
accomplish the same purpose.
Mr. Haeger stated that it would accomplish the
safety angle but would not solve the matter of privacy.
Following some further discussion, the vote on
the fore-going application was as follows:
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Mr. Bierman Naye
Mr. Eggers Aye
Mr. Sobel Abstaining
The secretary then read the second application.
Case 91--APPLICATION NO. 2--WILLIAM A GUNN
Application of William A. Gunn for modification
of Article IV, Section 410, Schedule of Residence
District Regulations, so as to allow the division
of a 2. 5 acre parcel into two building parcels
resulting in one of the building lots which will
contain two acres having a street line frontage
of 69 feet rather than the required 100 feet,
on premises located on the westerly side of
Old White Plains Road and known on the Tax
Assessment Map of the Town of Mamaroneck
as Block 315, part of Parcel 167, on the
ground of practical difficulty and/or unnecessary
hardship.
The Chairman asked if any person present wished to
address the Board either in favor of or in opposition to
this application and the following persons were heard:
For Appellant: William A. Gunn
437 Mamaroneck Ave. , Mam'k.
slake Ruesch
995 Old White Plains Road, Mam'k
In Opposition: None
Mr. Gunn appeared and submitted a plot plan of his
property. He explained that he wished to divide his property
into two parcels one of which will have 69 foot frontage
instead of the required 100 feet and the second parcel cre-
ated will meet the zoning requirements. He stated that two
neighbors had told him that they had no objection to this.
Mr. Ruesch said that he could see no objection to
this application.
Mr. Bierman said that the application and the record
recite a legal reason for granting the application and that
unless the variance is granted the applicant would have to
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use two and one half acres for a single dwelling.
Following some further discussion on motion by
Mr. Bierman, seconded by Mr. Eggers the following
resolution was unanimously adopted:
WHEREAS, William A. Gunn 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 on the ground that the plans
submitted failed to comply with the Zoning Ord-
inance of the Town of Mamaroneck with particular
reference to Article IV, Section 410 of said
Ordinance which provides for side and rear yards
street frontage, etc. ; and
WHEREAS, William A. Gunn 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 . Present Parcel 2. 5 acres and much too
large for single dwelling.
2. Second lot created will conform with
Zoning Ordinance.
and
WHEREAS, this Board has examined the plans and
also has viewed the property amd has heard all
persons interested in this application 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 peculiar to such land and do not
apply generally to the land in the district, and
awhich circumstances and conditions have not
resulted from any acts of the applicant sub-
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sequent to the date of the Zoning Regulations
appealed from.
(b) That the aforesaid circumstances and/or
conditions are as follows:
1 . Present Parcel too large for single
dwelling.
2. Second lot created will conform to
Zoning Ordinance.
which said circumstances and/or conditions are
such that the particular application of the Ord-
inance with respect to Section 410 would deprive
the applicant of the reasonable use of the 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 the
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
O intent of this Ordinance and will not be in-
jurious 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 family dwelling
having a street line frontage of 69 feet rather
than the required 100 feet on premises located
on the westerly side of Old White Plains Road
and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 315, part of
Parcel 167, in strict accordance with the plans
filed with this application, 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 Rulea and Regulations of the Zoning Board
where a variance is granted the applicant shall
obtain a building permit within three (3) months
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of the filing of this resolution with the Town
Clerk. A building permit shall be void if
construction is not started within six (6)
months or completed within two years of the
date of said permit.
FURTHER RESOLVED that this decision be filed with
the Town Clerk as provided by Section 267 of the
Town Law.
ADJOURNMENT
There being no further business to come before this
meeting it was adjourned at 9:00 p. m.
Ruth Dammann, secretary
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