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HomeMy WebLinkAbout1962_10_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCT- OBER 24, 1962, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: Laurence J. Sobel, Chairman Sydney Bierman Richard Eggers Richard I. Land ABSENT: George Schuler ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of September 26, 1962, were accepted as presented. REPORT of CHAIRMAN--HARRIS APPLICATIONS Mr. Sobel reported that he had advised the School Board of the proposed variances for Mr. Harris and that Mr. Singleton, Chairman of the Board, had replied asking for deferment of action on the variances. These letters are on file with the secretary of this Board. Mr. Sobel further reported that Mr. Brill, attorney for Mr. Harris, had asked that no action be taken on the appli- cations at this time. Following some further discussion it was decided to defer action on the variances until the January meeting. 396 The secretary was requested to advise the School Board of this action and ask them to send a representative to the January meeting or a letter advising this Board of any decision the School Board may have made on building a school in the Cargill Park area. These applications will be re-advertised at the Board's expense. MINUTES The minutes of the meeting of September 26, 1962, were approved as presented. COMMUNICATIONS--JOHN L. DELIUS, TOWN ATTORNEY Mr. Sobel then read a letter he had addressed to Mr. Delius asking for his opinion on the legality of a change in time limits, if a variance is granted, as expressed in Code 510. 2 Mr. Sobel also read Mr. Delius' reply, which stated that he was doubtful that any change could be made in the Code. These letters are also on file with the secretary. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of hearing published in the official newspaper of the Town of Mamaroneck, The Daily Times, on October 17, 1962. The Chairman requested the secretary to read the first application. APPLICATION NO. 5--JOSEPH ROMA--Case 145 Application of Joseph Roma for modification of Article IV Section 410, Schedule of Residence District Regulations, in an R-2F Zone, so as to permit the construction of an addition to an existing building, having a front set back of 25 feet rather than the required 30 feet, on premises located on the north side of Blossom Terrace and known on the Tax Assessment Map of the Town of 397 Mamaroneck as Block 403, Parcel 273, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Angelo Rigano 18 Blossom Terrace Alfred M. DeCicco 2 Blossom Terrace Frank Negri 1 Blossom Terrace Joseph Mirabella 16 Blossom Terrace Burton Mieghan, Esquire 100 Mamaroneck Ave. In Opposition: None Mr. Meighan, attorney for Mr. Roma, appeared and stated that this variance was requested because the present house is not large enough for Mr. Roma and his family. Mr. D. Amatuzzo, architect's representative, submitted plans for the proposed addition. He pointed out that this was the only feasible way to enlarge the house. He stated that the building has a 27. 7 foot set back now rather than the required 30 feet and that the addition would use the same foundation line. Mr. Bierman, stated that he saw no hardship in building the house to conform with the 30 foot set back. Mr. Eggers pointed out that actually the addition will be larger than the existing house and that this should be taken into consideration. Mr. Sobel asked if this addition could possibly make the house suitable for a two family dwelling. Mr. Roma stated that the present house is too small to be of any practical use and that with his wife expecting a baby it was absolutely necessary to build this addition. A list of 25 residents of Blossom Terrace was presented. these residents were all in favor of the granting of the variance. Mr. Mirabella pointed out that this would bring the existing 398 house up to par in relation to the other houses in the neighborhood. Following some further discussion on motion by Mr. Eggers, seconded by Mr. Land the following resolution was adopted: WHEREAS, Mr. Joseph Roma has submitted an application for a building permit to the Building Inspector, for the construction of an addition to an existing building; 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 Article IV, Section 410, which deals with frost set backs, etc. ; and WHEREAS, Mr. Roma 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 house too small to house growing family. 2. It is not feasible , architecturally, to place addition in any other location. 3. House would not be in keeping with other houses in the neighborhood. and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons in- terested 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 building for which a variance is sought which circumstances and/or conditions are peculiar to such building and do not apply generally to the buildings 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 circumstances and/or conditions are as follows: 399 1. Present house inadequate to house growing family. 2. House not in keeping with houses in the neighborhood. 3. This plan only feasible one for enlarging house. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such building and that for these reasons the granting of the variance is necessary for the reasonable use of the building and that the variance as granted by this 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 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 to allow the construction of an addition to an existing building having a front set back of 25 feet from Blossom Terrace, on premises located at 6 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403, Parcel 273, in strict accordance with the plans filed with this appli- cation and 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 Cleric. A building permit shall be void if construction is not started within 6 months or completed within 2 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 vote on the foregoing resolution was as follows" Sobel Aye Eggers Aye Land Aye Bierman Naye Schuler Absent 400 The secretary then read the next application. APPLICATION NO. 6 --JOHN A. LE VAN--Case 146 Application of John A. LeVan for permission to erect 80 linear feet of 6 foot high wooden fence along the westerly side line of premises located at 3 Vine Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107, Parcel 291 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 speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: John LeVan J. B. Hunter 1 Vine Place In Opposition: None Mr. LeVan appeared and submitted a plan for the proposed fence. He stated that he would like to erect this fence as a screening between his yard and the yard to the rear. Mr. Hunter stated that the fence would be an advantage as it would help screen the yard to the rear fro him too. The Board members pointed out to Mr. LeVan that in their opinion some other type of screening could be used and be equally effective. They also pointed out that this Board is trying to discourage the erection of fences where other screenin can be used. Following some further discussion on motion duly made and seconded the following resolution was unanimously adopted: WHEREAS, John A. LeVan heretofore requested a permit to erect 80 linear feet of 6 foot high wooden fence on premises located at 3 Vine Place and known on the Tax Assessment Map as Block 107, Parcel 291; and WHEREAS, the Building Inspector refused to issue such permit on the ground that construction or erection of such fence violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and 401 WHEREAS, Mr. LeVan has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421. 4 of the Zoning Ordinance so as to allow the erection of said fence; NOW, THEREFORE, BE IT RESOLVED, that permission is denied to John LeVan to erect 80 linear feet of 6 foot high wooden fence on premises located at 3 Vine Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107, Parcel 291. FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read application No. 7. APPLICATION NO. 7--JOSEPH P. QUADRINI--Case 147 Application of Joseph P. Quadrini for permission to erect 40 linear feet of 6 foot high wooden fence along the westerly side line of permises located at 21 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217, Parcel 33, 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 speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Joseph P. Quadrini In Opposition: Mrs. Dawson 4 Mardon Road Mr. Quadrini appeared and submitted plans for the proposed fence. He stated that his property was next to an old cemetery and that he and his family would like to erect the proposed fence to screen this cemetery from their sight. He further pointed out that Mr. Koepper, a nieghbor, had previously applied for such a fence but that bather than have two fences in the same neighborhood had withdrawn his application. Mrs. Dawson stated that although she was not exactly opposed to the fence, she thought a four foot high fence would serve the same purpose and also be better looking. 402 Following some further discussion the following resolution was unanimously adopted: WHEREAS, Joseph P. Quadrini has heretofore requested a permit for the erection of a 40 foot 6 foot high wooden fence along the westerly side line of premises located ® at 21 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217, Parcel 33; and d WHEREAS, the Building Inspector has refused to issue such permit �l on the ground that construction or erection of such fence ��� violated Article IV, Section 421.4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mr, Quadrini has appealed to this Board for UJ modification of the Building Inspector' s decision pursuant Q to Article IV, Section 421.4 of the Zoning Ordinance LAso as to allow the erection of said fence: °5 NOW, THEREFORE, BE IT 1 RESOLVED thatpermission isgranted to Mr. Quadrini to O erect 40 leinea feet of 6 foot high wooden fence along O the westerly side line of premises located at 21 Cooper OD Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217, Parcel 33. FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p.m. 07/ -""7-7?V722 Ruth Dammann Secretary �N M. O • V V t tt 11.1 Ou 403 23