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HomeMy WebLinkAbout1966_10_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 26, 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 Chairman at 8:10 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. Henry Mullick Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 28, 1966 were presented and on motion duly made and seconded, approved 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 requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 257 Application of A. Paul Camerino for modification of Article IV, Section 455.2, as amended April 17, 1963, Layout and Location of off-street parking facilities of the Zoning Ordinance so as to allow the construction of a semi-circular driveway and off-street parking area having a front setback of 10' instead of the required front setback of 25 feet from the property line on the premises located at 1 Winged Foot Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 209 Parcel 178 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Camerino appeared before the Board and stated that his reasons for wanting to construct this drive- way and off-street parking area is because Winged Foot Drive is such a narrow street and he feels it is dangerous. When the cars enter from Rockland Avenue, the drivers are forced to make either an illegal U turn or turn in a neighbor's driveway to go back out again. Mr. Camerino's driveway which runs from the side of the house to the entrance of his garage at the rear permits the parking of only one car. The house was purchased by Mr. Camerino about 3 months ago. The Board pointed out that if this variance was granted the front yard would practically be eliminated and they felt that the side area could be adjusted to make more room in the rear yard. The Chairman called a short recess after which a vote was taken and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Pelton - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, A. Paul Camerino has submitted an application to the Building Inspector for the construction of a semi-circular driveway and off-street parking area, to- gether 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 Mama- roneck with particular reference to Article IV, Section 455.2, as amended April 17, 1963, Layout and location of off-street parking facilities of the Zoning Ordinance which provides for a minimum front set • back of 25 feet on the premises located at 1 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamar- oneck as Block 209 Parcel 178; and WHEREAS, A. Paul Camerino has 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 semi-circular driveway and off- street parking area located 10' from front property line. WHEREAS, this Board has examined the plans and has heard all persons interested in gag this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denies 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 pecu- liar 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 var- iance would not be in harmony with the general purposes and intent of this Ordinance 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 258 Application of Philip Bodwell for modification of Article IV, Section 421.4, Fences and Walls of the Zoning Ordinance which restricts heights of fences to 4 foot so as to allow the installation of 56 lin. ft. of 7'6" high wooden fence along a portion of westerly side line on the premises located at 29 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506 Parcel 26 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard in favor: Mr. Philip Bodwell, applicant Mrs. Philip Bodwell, 29 Pryer Manor Road Mr. Leo Eickhoff, Jr. , 34 Pryer Manor Road 7a- � ) Mr. William Arzonetti, 23 Pryer Manor Road Mrs. Thomas Adler, North Chatsworth Avenue In opposition: Mr. and Mrs. Pogostin, 1 Dogwood Lane Communication: Letter received in opposition signed by the following: Mrs. Anna Pogostin, 1 Dogwood Lane Anne Giacomo, 4 Pheasant Run Mr. Theodore C. Salzman, 28 Pryer Manor Road Mr. V. Krieg, 22 Pryer Manor Road Mr. H. Herz, 20 Pryer Manor Road Mr. Edward Helmrich, 32 Pryer Manor Road Mr. & Mrs. Frank J. Angiulo, 3 Pheasant Run Mr. Patsy Mazzullo, 7 Pheasant Run Mr. James B. Millard, Jr. , 19 Pryer Manor Road Mary Cotter Millard Mr. Matthew D. Scharff, 25 Pryer Manor Road Mr. Bernard Kaplan, 27 Pryer Manor Road Mr. Richard Strouse, 30 Pryer Manor Road Mr. Bodwell appeared before the Board and stated that since the application had been made they had decided to change the height from 7'6" to 6'10". Mr. Bodwell claimed the house was purchased in 1964 and he felt the fence would add to the beauty of the surroundings. Mrs. Bodwell stated that the fence would be used as a background for shrubs and flowers and because of the irregular shape of the lot a 4' fence would make the lot look even more irregular. Mrs. Bodwell, also, said they wanted this fence to serve as a screen due to the proximity and layout of their dwelling to the adjacent dwelling occupied by Mr. and Mrs. Pogostin. Mr. Eickhoff and Mr. Arzonetti both stated they felt the Bodwell and Pogostin houses did not look right and the fence would eliminate the unattractiveness. Mrs. Ruth Adler who worked with Mrs. Bodwell attested to the fine character of both Mr. and Mrs. Bodwell. Mr. Pogostin pointed out that his house had been vacant for three years and that since they had moved in the Bodwell's suddenly disliked the appearance of their house. He, also, stated that they would never have bought the house if there had been a fence. Mrs. Pogostin stated that if the Bodwell's wanted rivacy they should never have bought a house in Larchmont and that this fence would block their view and light. (:: A vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Pelton - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Philip Bodwell has submitted an application to the Building Inspector for a building permit for the erection of 56 lin. ft. 7'6" high wooden fence subsequently reduced to 6'10" along a portion of westerly side line on the premises located at 29 Pryer Manor Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 506 Parcel 26, and WHEREAS, the Building Inspector has refused to issue such permit on the ground that erection of said fence would violate Ar- ticle 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 56 lin. ft. of 6'10" high wooden fence as �✓ requested, NOW, THEREFORE, BE IT RESOLVED, that the above application for a building permit to erect 56 lin. ft. of 6'10" 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 third application. APPLICATION NO. 3 - CASE 259 Application of Rudolph Novak for modification of Ar- ticle IV, Section 410, Schedule of Residence District Regulations for an R-30 Residential District of the Zoning Ordinance so as to allow the construction of an addition at the rear of the existing dwelling hav- ing a side yard of 25 feet instead of the required minimum of 27.4 feet and a total of both side yards of 47.60 feet instead of the required 50 feet on the premises located at 31 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 69 on the grounds of practical difficulty and/or unnecessary hardship. irb ( The following persons were heard in favor: Mr. Rudolph Novak, applicant Mr. Anthony Signorielli, Architect 7 Edgemere Street, Pelham Edward Tanenbaum, Esq. , Attorney 271 North Ave. , New Rochelle Communication: Mr. and Mrs. Siegfried Kessler 33 Country Road, Mamaroneck Mr. Novak appeared before the Board with his Attorney, Mr. Edward Tanenbaum and his Architect, Mr. Signorielli. Mr. Signorielli presented the Board with a new plan which also showed the bathroom and pointed out that a considerable amount of money could be saved if the foundation on the existing terrace, with some reinforcement, would be adequate for the addition. It was, also, pointed out that because of the loca- tion of the existing kitchen window which is approx- imately 2'3" away from the proposed addition it is impossible to locate the addition any place else as the kitchen facilities would have to be changed. A letter was read from Mr. and Mrs. Siegfried Kessler who live in the adjacent dwelling approving the ap- plication and stating that even if this addition is allowed there will still be approximately 100' between the both dwellings. The Chairman called a short recess after which a vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Rudolph Novak has submitted an application to the Building Inspector for a building permit for the construction of an addition to the existing 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-30 Residen- tial District of the Zoning Ordinance which provides for a side yard of 27.4 feet and a total of both side yards of 50 feet on the premises located at 31 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 69, and WHEREAS, Rudolph Novak has submitted to this Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. To allow the construction of an addition at the rear of the existing dwelling having a side yard of 25 feet instead of the required minimum of 27.4 feet and a total of both side yards of 47.60 feet instead of the required 50 feet. 2. Because of the location of the existing kitchen window which is approximately 2'3" away from the proposed addition it is im- possible to locate the addition any place else as the kitchen facilities would have to be changed. 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 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 con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows : 1. The addition will 9.3 3 A, not extend beyond the side of the existing dwelling and the pro- posed side yard will not be less than the minimum side yard re- quired for dwellings located in an R-30 Residential District. 2. That said circum- stances and/or condi- tions are such that the particular appli- cation of the Ordin- ance with respect to Article IV, Section 410 would deprive the applicant of the re- asonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the re- asonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment 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 an addi- tion at the rear of the existing dwelling having a side yard of 25 feet instead of the required minimum of 27.4 feet and a total of both side yards of 47.60 feet instead of the required 50 feet on the premises located at 31 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 69, 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 Ordinance where a variance is granted, the applicant shall obtain a building per- mit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construc- tion 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 9:40 p.m. Rita A. Johnson, ecretary • 0 3i