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HomeMy WebLinkAbout1967_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, 1967, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER In the absence of Mr. Eggers, Mr. Mullick the acting Chairman called the meeting to order at 8:20 p.m. ROLL CALL Present: Mr. Henry Mullick, Acting Chairman Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. Richard F. Eggers Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector Mr. James J. Johnston, Town Attorney APPROVAL OF MINUTES The minutes of the meeting of April 26, 1967 were presented and on motion duly made and seconded, ap- proved as corrected. 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 advised the applicants that since there were only three members present their applications would have to be approved unanimously. Mr. Mullick informed the applicants that they would have the privilege of adjourning their cases without penalty for a later hearing but the applicants declined to adjourn. The Chairman requested the Secretary to read the application of Mr. Charles Kretchmer, President of Baldwin Hills Development, Inc. that had been adjourned from the previous meeting on April 26, 1967. CASE 269 Application of Mr. Charles Kretchmer, President of Baldwin Hills Development, Inc. for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-15 District of the Zoning Ordinance so as to allow the construction of a one family dwelling having a front set-back of 25 feet instead of the required front set-back of 40 feet on the premises located at 9 McKenna Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 53 on the grounds of practical difficulty and/or unnecessary hardship. The following persons appeared in favor of the ap- plication: Mr. Jerome Kretchmer, Attorney for the applicant Mr. Charles Kretchmer, applicant Mr. Wynne B. Stern, Jr. , 15 Jason Lane Mr. David Shenwick, 11 McKenna Place Mr. Donald Flach, 8 McKenna Place Mr. Philip Wechsler, 5 McKenna Place Mr. Howard Hand, 5 Jason Lane Mr. Jerome Kretchmer, attorney for his father stated that they felt they had solved all the problems that had been involved and had met at the job site with the Town Engineer, the Village of Mamaroneck Engineer and all other interested parties. Because of the topography of the lot Mr. Kretchmer said that if they were not granted the variance this lot would have to remain vacant. After this house is built there will be only one more lot vacant. It was pointed out that the house will conform in all other respects and they plan to build a ranch type house without a basement. It was, also, pointed out that the lot contains 19,807 square feet and the driveway would have a grade of 4 or 5 percent. Five of the occupants of the development appeared in favor and stated that they would prefer to see a house built instead of a vacant lot. No one ap- peared in opposition and after further discussion a vote was taken on the application and the result was as follows: Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Charles Kretchmer, President of Baldwin Hills Development, Inc. , has submitted an application to the Building Inspector for a building permit for the construction of a one family dwelling to- gether 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 Mamar- oneck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations for an R-15 Residen- tial District of the Zoning Ordinance which provides for a front set-back of 40 feet, on the premises located at 9 McKenna Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Par- cel 53, and WHEREAS, Mr. Charles Kretchmer, President of Baldwin Hills Development, Inc. , has 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 hav- ing a front set-back of 25 feet instead of the required front set-back of 40 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 application 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 con- ditions have not resulted from 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: Due to the topography of the lot it would be impossible to meet the front set-back re- quirements and the lot would be unbuildable. (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 family dwelling on a lot having a front set-back of 40 feet on the premises lo- cated at 9 McKenna Place and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 207 Parcel 53, in strict conformance with the plans filed with this application 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. The Chairman requested the Secretary to read the next application. APPLICATION NO. 1 - CASE 272 Application of Mr. George E. Bauer for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-7.5 District of the Zoning Ordinance which limits the height of residen- tial buildings to 21 stories so as to allow the con- struction of a three story addition at the rear of the dwelling on the premises located at 80 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 201 on the grounds of practical difficulty and/or unnecessary hardship. Mr. George Bauer appeared before the Board and pre- sented his application. The applicant stated that the roof line of the new addition will not be any higher than the existing roof line and because of the water problem in the rear of the property it is necessary to keep the floor above the grade at the rear of the property. Mr. Bauer claims this is the only practical way to achieve added space. The applicant feels that the addition would improve the appearance of the house. Mrs. Michael Page of 55 Lookout Circle whose home is in the rear stated she was of the opinion that the appearance of the house would be greatly improved with this addition. The applicant, also, stated that he owned the house for nine years and he felt the house at present was unfinished looking. After further discussion a vote was taken on the application and the result was as follows: Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. George E. Bauer has submitted an application to the Building Inspector for a building permit for the construction of a three story addition at the rear of the 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 Mamaro- neck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance which limits the height of residential buildings to 21 stories on the premises located at 80 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 117 Parcel 201, and WHEREAS, Mr. George E. Bauer has 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 three story addition at the rear of the dwelling. 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 grants the appli- cation on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or building and do not apply generally to the land and/or build- ings 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 circum- stances and/or conditions are such that the particular appli- cation of the Ordinance with re- spect to Article IV, Section 410 would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the var- iance is necessary for the reason- able use of the land and/or build- ing and that the variance as granted by this Board is the minimum adjust- ment that will accomplish this pur- pose. (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 three story addition at the rear of the dwelling on the premises located at 80 North Chats- worth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 117 Parcel 201 in strict conformance with the plans filed with this application and amended, provided that the applicant com- plies in all other respects with the Zon- ing Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance 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. The build- ing permit shall be void if construction is not started 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. The Chairman requested the Secretary to read the next application. APPLICATION NO. 2 - CASE 273 Application of Mr. Frank S. duBell for modification of Article IV, Section 421.4, Fences and Walls of the Zoning Ordinance which restricts heights of fences to 4' so as to allow the erection of 68 lin. ft. of 6' high wooden fence along rear of property line and a portion of the easterly side of property line on the premises located at 47 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 45 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mr. Frank S. duBell appeared before the Board with his application and stated that there is presently a fence on the property which needs to be replaced. The present fence runs from 42" to 51" high and the applicant feels that if he was permitted to put up a higher fence it would reduce the unsightliness of their view of the back of the garages at the rear of their property. Mr. duBell, also, stated that they were of the opin- ion that a higher fence would keep neighbor children from throwing rocks and garbage over the fence and from climbing into their yard. Correspondence was received from Mr. James G. Couch of 53 Echo Lane approving this petition and Mr. duBell presented the Boardwith a letter from Mrs. George Morrow of 41 Echo Lane, who also, approved the application. After further discussion the Chairman called a recess for the purpose of discussing the application follow- ing which a vote was taken and the result was as fol- lows: ( Commissioner Mullick - Nay Commissioner Topping - Nay Commissioner Felton - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Frank S. duBell has submitted an application to the Building Inspector for the erection of 68 lin. ft. of 6' high wooden fence along rear of property line and a portion of the easterly side of pro- perty line on the premises located at 47 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 45; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that erection of said fence would violate Art- icle IV, Section 421.4, Fences and Walls of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the Board finds no facts exist sufficient to justify the erection of 68 lin. ft. of 6' high wooden fence as requested, NOW, THEREFORE, BE IT RESOLVED, that the above application for a building permit to erect 68 lin. ft. of 6' high wooden fence be denied. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman requested the Secretary to read the next case which was Case No. 274, application of Mr. Henry C. Waltemade. The applicant was not pre- sent and the Board decided that Mr. Waltemade's application would have to be adjourned till the next regular meeting. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:05 p.m. '/JE?Z;-' Rita A. Johnson/ Secretary Fqv