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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 248 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: 249 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 250 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- 251 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 252 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 253