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HomeMy WebLinkAbout1968_10_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 23, 1968, 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 the acting Chair- man, Mr. E. Robert Wassman. ROLL CALL Present: Mr. E. Robert Wassman, acting Chairman Mr. Henry Mullick Mr. Price H. Topping Absent: Mr. Richard F. Eggers Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 26, 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 pub- lication of the notice of hearing. The Chairman explained to the three applicants that because only three members were present their appli- cations would have to be passed unanimously and they had the privilege of adjourning their applications to a later meeting without penalty but the applicants declined. to adjourn. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 300 Application of Mr. H. Watson Paddock for modification of Article IV, Section 421.4 Walls and Fences of the Zoning Ordinance which restricts heights of fences in a Residential District to 4 feet so as to allow the erection of 50 lin. ft. of 6' high wooden fence along the westerly side of property on Weaver Street on the premises located at 80 Howell Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 390 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Paddock presented his application to the Board and stated that when the Town built the new Weaver !c Street sidewalk a large amount of trees and bushes were removed from the shoulder of the road taking away his privacy. The applicant said that without the shrubs he is able to see the trucks along Weaver Street and the trucks parked across the street at the greenhouse. The Board pointed out that they thought Mr. Paddock could plant shrubs on his pro- perty that would serve the purpose but the appli- cant felt it would take too long for the trees and bushes to grow to provide a screen. It was, also, pointed out that the fence would only start opposite the rear line of the house and Mr. Paddock stated that the grade was much higher at this point. The applicant, also, stated he wanted the screen mainly for privacy for his back yard. After further discussion the Chairman called a short recess to discuss the application. When the Board returned a vote was taken on the application and the result was as follows: Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Watson Paddock has submitted an application to the Building Inspector for a building permit for the installation of 50 lin. ft. of 6' high wooden fence along the westerly side of the property on Weaver Street on the premises located at 80 Howell Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 390; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that installation of said fence would violate Article IV, Section 421.4 Walls and Fences of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mr. Watson Paddock has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reason: The applicant is desirous of obtaining privacy from the traf- fic on Weaver Street and the trucks parked at the greenhouse across the street from his pro- perty. / 0 / 6 WHEREAS, this Board has examined the plan, reviewed the application 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 ap- plication on the following grounds: 1. The Board finds there is not sufficient hardship to just- ify the installation of the 6' fence. 2. That the facts and circum- stances are not such as would deprive him of the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman asked the Secretary to read the second application. APPLICATION NO. 2 - CASE 301 Application of Mr. Anthony Gagliardi, Jr. 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 an enclosed porch at the rear of the dwelling having a minimum rear yard of 10 ft. instead of the required minimum rear yard of 25 ft. on the premises located at 92 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Parcel 55 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Gagliardi presented his application to the Board and stated that he was desirous of building the en- closed porch to give protection from the water seep- age into his cellar. The applicant stated that he thought the foundation for the porch would prevent the water seepage into the cellar, and that he only had the water seepage when there was a heavy rain. The applicant said that there were no other houses ( c / 7 adjacent to his property and he felt because of the existing doorway this was the most desirable site for the enclosed porch. It was pointed out that the house had been built before the present Zoning Ordinance and is presently non-conforming. The depth of the lot is only approx- imately 74 feet instead of the present zoning require- ment of 100 feet. Mr. Gagliardi said he had purchased the house about a year ago. The Board, also, pointed out that according to the present Zoning Regulations Mr. Gagliardi would be allowed 800 square feet on the first floor of his residence and the house pre- sently has 900 square feet. After further discussion the Chairman called a short recess to discuss the application. When the Board returned a vote was taken on the application and the result was as follows: Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Anthony Gagliardi, Jr. has submitted an application for a building permit to the Building Inspector for the construction of an enclosed porch 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 Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance which re- quires a minimum side yard of 10 feet on the premises located at 92 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Parcel 55; and WHEREAS, Mr. Anthony Gagliardi, Jr. has submitted to this Board an application for a variance on the ground of practical diffi- culty and/or unnecessary hardship for the following reasons: 1. The foundation for the porch would prevent the water seepage into the cellar when there is a heavy rain. / 0 / ,r • 2. Because of the existing door- way this was the most desirable site for the enclosed porch. WHEREAS, this Board has examined the plans, reviewed the application 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 ap- plication on the following grounds: 1. That there were no special circumstances or conditions ap- plying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 2. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of ;, the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. 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 application. APPLICATION NO. 3 - CASE 302 Application of Dr. Rachel K. Schper for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construc- tion of a 5' x 10' addition to the southerly side of the existing dwelling having a minimum side yard of 5 feet instead of the required minimum side yard ' C of 10 feet on the premises located at 15 Overlook Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 352 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Schper presented her application to the Board and stated that they were desirous of constructing the addition to their present dwelling to have an enclosed vestibule to protect them from the snow in the winter. The applicant claims that the snow accumulates on the stoop and since Mr. Schper had a serious operation he is not able to do any heavy work. Their daughter is presently away at college and it is necessary for Dr. Schper to leave early in the morning for her job. Because of the topo- graphy of the lot the proposed site is the most ad- visable. After further discussion the Chairman called a short recess and when the Board returned it was decided that before any decision was made they would like to inspect the site. The Schpers were asked to re- turn at the next meeting on November 20, 1968 at which time their application would be reheard. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p.m. Rita A. Johnson, Secretary / p � O