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HomeMy WebLinkAbout1966_05_25 Zoning Board of Appeals Minutes 11 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 25, 1966, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by Mr. Eggers, the acting Chairman at 8:10 p.m. ROLL CALL Present: Mr. Richard Eggers, Acting Chairman Mr. Henry Mullick Mr. Price H. Topping Absent: Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 27, 1966 were presented and on motion duly made and seconded, approved as submitted. TRIBUTE TO MR. SYDNEY BIERMAN Motion was duly made and seconded that it be a part of the minutes of the meeting of May 25, 1966, the expression by the Members of this Board of the grief that we feel for the loss of our Chairman, the late Sydney Bierman, whose untimely death deprives us of his valuable leadership, and the Community of his gracious presence. 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. Mr. Eggers advised both applicants that because of the fact that there were only three members present their applications would have to be approved unan- imously and they had the privilege of adjourning their cases without penalty for a later hearing. Both applicants declined to adjourn. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 238 Application of Mr. and Mrs. David Schwarz for modi- fication of Article IV, Section 410, Schedule of Residence District Regulations for an R-15 Residen- t IJ I tial District and Section 421.1 Terraces and Porches as amended of the Zoning Ordinance so as to allow the construction of a raised wooden terrace adjacent to the existing dwelling having a side yard of 1'0" instead of the required 10'0" side yard. Also, Ar- ticle IV, Section 455.2 Layout and Location of Off- Street Parking Facilities so as to allow the construc- tion of an off-street parking area to have a front set-back of 16' instead of the required 25' front set-back on the premises located at 633 Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 479 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. and Mrs. David Schwarz, appli- cants In opposition: Mr. Hunter Meighan, Esq. Attorney for Dr. & Mrs. Hunter, 57 Mohegan Drive, Larchmont, N.Y. Communications: Letter from Mr. Alan N. Weeden, Chairman of the Conservation Advisory Committee in opposition Mr. and Mrs. Schwarz presented their application to construct a raised wooden terrace and an off-street parking area. Mrs. Schwarz stated they had engaged, Mr. James M. Rose, whom they felt was the best land- scape architect', to draw up the plans. It was Mr. Rose's opinion that this was the only practical way to use the land because of the difficult terrain with the rock ledges and sharp slopes. The land adjacent to Mr. Schwarz's property is owned by the Town of Mamaroneck and used for conservation purposes. A letter was received from Mr. Alan N. Weeden, Chairman of the Conservation Advisory Committee requesting the Board to deny the request of Mr. and Mrs. Schwarzto build the wooden terrace because of the fact that at some future date they plan a nature trail that would run close to the Schwarz property. If they were allowed to build the porch 1' from the property line as they requested it would not allow for proper screening from the nature area. Mr. Hunter Meighan who represented Dr. and Mrs. Hun- ter stated they objected to both the wooden terrace and the off-street parking area. It was pointed out that the Schwarz's had adequate parking area for the family cars but wanted extra parking space for their guests. After further discussion the Chairman asked for a short recess, following which a vote was taken on each part of the application. The vote on the wooden terrace was as follows: (O O Commissioner Eggers - Nay Commissioner Topping - Nay Commissioner Mullick - Nay The vote on the off-street parking area was as follows: Commissioner Eggers - Nay Commissioner Topping - Nay Commissioner Mullick - Nay The application was therefore denied and the following Resolution duly adopted: WHEREAS, Mr. and Mrs. David Schwarz have submitted an application to the Building Inspector for the construction of a raised wooden terrace adjacent to the existing dwelling and an off-street parking area, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 410 and 455.2, Schedule of Residence District Regulations for an R-15 Residential District of the Zoning Ordinance, which provides for a side yard of 10'0" and a front set-back of 25' on the premises located at 633 Feni- more Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 479; and WHEREAS,Mr. and Mrs. David Schwarz have submitted an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reason: To allow the construction of a raised wooden terrace adjacent to the existing dwelling having a side yard of 1'0" instead of the required side yard of 10'0". Also, to allow the construction of an off-street parking area to have a front set-back of 16' in- stead of the required 25' front set-back. WHEREAS, this Board has examined the plans ,,o., and also viewed the property and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the appli- - cation on the following grounds: 1. That there are no special circumstances or conditions ap- plying to the land for which the variance is sought which circum- stances or conditions are peculiar to such land and which do not apply generally to land in the district. 2. That the facts and circumstances claimed by the applicants to entitle them to the variance are not such as would deprive them of the reasonable use of the land and that the granting of the variance is not necessary for the reasonable use of the land. • 3. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Or- dinance and would be injurious to the neighborhood and detrimental to the public welfare. 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 second application. APPLICATION NO. 2 - CASE 239 Application of Mr. Anthony N. Librandi for modifi- cation of Article IV, Section 410, Schedule of Res- idence 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 a street frontage of 48 feet instead of the required 60 feet on the premises located at 19 Cabot Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 125 Parcel 372 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Librandi appeared before the Board and stated that he had a contract to sell the property in question but the sale was contingent on his obtain- ing this variance. He had purchased the property from the Town and the parcel had been divided into two building plots, one of which having frontage on �.� Thompson Street, a variance had been granted. The applicant said that the lot had about 11,000 sq. feet in an area which only requires 6,000 sq. feet and except for the frontage complies in every 1 (0 )/ other way with the Ordinance. There is no possi- bility of acquiring additional frontage as the lot in question is located at the dead end of a developed map street. Following further discusssion a vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Topping - Aye Commissioner Mullick - Aye The application was therefore conditionally granted and the following Resolution duly adopted: WHEREAS, Anthony Librandi has submitted 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 street frontage of 48 feet instead of the required 60 feet. WHEREAS, this Board has examined the plans and also viewed the property 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 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 buildings in the district, and which circumstances and condi- tions 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: (1) Lot contains 11,000 sq. ft. in an area which only requires 6,000 sq. f t. 1 (03 (2) There is no pos- sibility of acquiring additional frontage as the lot in question is located at the dead end of a developed map street. (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 Article Iv, Section 410 be varied and modified so as to allow the construction of a one family dwelling on the premises located at 19 Cabot Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 372 in strict con- formance 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 building permit shall be void if construction is not started within six months and completed 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 9:10 p.m. Rita A. John , Secretary 1I.(