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HomeMy WebLinkAbout1965_09_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS ` OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 22, 1965, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER Mr. Topping, acting as Chairman in the absence of Mr. Bierman, called the meeting to order at 8:05 p.m. ROLL CALL Present: Mr. Richard Eggers Mr. Henry E. Mullick Mr. Price H. Topping Mr. E. Robert Wassman Absent: Mr. Sydney D. Bierman Also present: Mr. William Paonessa Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 25, 1965 were presented, and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the secretary presented for the record the affidavit of publication of the Notice of the Hearing. APPLICATION NO. 1 - Case 223 Application of William Petruzzo for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-15 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of a one-family dwelling having a street frontage of 25 feet rather than the re- quired street frontage of a minimum of 50 feet as required for lots under Article IV, Section 445 of the Zoning Ordinance, and a rear yard of 15 feet rather than the required 25 feet, on pre- mises located at 4 Country Road, Town, and known as Block 320, Parcel 574 on the Tax Assessment Map of the Town of Mamaroneck, on the grounds of practical difficulty and/or unnecessary hardship. 693 The following persons were heard: In favor: Mr. Jerome Rosenthal, Attorney 225 Westchester Avenue Portchester, New York Mr. William Petruzzo 531 Center Avenue Mamaroneck, New York In opposition: Mr. & Mrs. Paul Jenisch 2 Country Road Mr. Lawrence Johnson 10 Country Road Mr. Douglas Smith 2 Country Lane Mr. Charles Seelenfreund 12 Country Road Mr. Walter Sullivan 26 Country Road Mr. T. R. Francis' r.., 17 Country Road Mrs. George French 6 Country Road Mr. David Easton 4 Lancia Lane Communications: Mr. Lawrence Aurbach 32 Country Road Mr. Lawrence Johnson 10 Country Road Mr. Rosenthal noted that this application had been de- ferred from August 25, 1965, at which time the Chairman had requested the applicant to produce a survey and other documents pertinent to this case. Mr. Rosenthal submitted the original contract dated June 18, 1965, a survey prepared by Thomas J. McEvoy dated June 26•, 1959 and copies of the assessment map. These documents were ordered received and filed for the record. In pleading his case, Mr. Rosenthal stated that there were 20 different properties in this area that do not meet the frontage requirements of the present zoning ordinance, and submitted a list of same which was filed for the record. He added, that the subject property was 694 subdivided prior to the adoption of the Zoning Regulations of June 29, 1959, at which time there were no frontage requirements. He further stated in referring to the rear setback area, that the topographical survey shows a steep incline which makes it impossible to build the proposed dwelling on any location except where it is shown on the plans submitted to this Board. At this time, Mr. Johnson requested an aopportunity to view the plans and was invited with the rest of the neighbors in opposition to come forward and examine said plans. Mrs. French and Mr. Jenisch, adjoining property owners on each side of the applicant's land, were concerned in regard to the approach to their drive- ways if Mr. Petruzzo were to build, as this would block their garages. Mr. Johnson requested that this case be postponed in order that he might contact a lawyer and interest- ed neighbors who might be willing to purchase said property. Mr. Johnson was assured by Mr. Topping that only the applicant had the right to request a postponement. The Chairman announced receipt of a letter from Lawrence Auerbach voicing opposition. This letter was ordered received and filed for the record. Following some further discussion in which residents vigorously objected to this application on the grounds that it would lower their property values, the Chair- man announced a 10 minute recess. Following this recess, a vote was taken on this appli- cation which resulted as follows: Commissioner Topping - Aye Commissioner Mullick - Aye Commissioner Eggers - Aye Commissioner Wassman - Aye The application was therefore granted and the following resolution duly adopted: WHEREAS, William Petruzzo has submitted an application for a building permit to the Building Inspector to allow the construction of a one family dwelling having a street front- -, age of 25 ft. rather than the required 50 ft. and a rear yard of 15 feet rather than the re- quired 25 ft. , together with plans; and 695 Ai e^ WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article IV, Section 445 and Article IV, Section 410 of the Zoning Ordinance, and WHEREAS, William Petruzzo has submitted to this Board an application for a variance on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. That the appellant has no control over the existing lot size and irreg- ular shape of.the land. 2. That extreme rock ledge condition exists and the topography is very hilly. 3. That this property was subdivided prior to the Zoning Regulations of June 29, 1959, at which time there were no frontage requirements. WHEREAS, this Board has examined the plans and heard all persons interested 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 land and/or building for which a variance is sought, which circumstances and/0r conditions are peculiar to such land. and/or building and do not apply generally to the land/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 circumstances and/or conditions are as follows: 1. This property was subdivided prior to the adoption of the Zoning Regulations of June 29, 1959, at which time there were no frontage requirements. 2. The -appellant has no control over (:2 the existing lot size and irregular shape of the land. 696 3. Extreme rock ledge condition exists (:2and the topography is very hilly. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be in- jurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is granted to the applicant and that Article IV, Section 445 and Article IV, Section 410 of the Zoning Ordinance be varied and modified so as to allow the construction of a one- family dwelling having a street frontage of 25 ft. rather than the required 50 and a rear yard of 15 ft. rather than the required 25 ft. on premises located at 4 Country,Road, Town, and known as Block 320, Parcel 574 on the Tax Assessment Map of the Town of Mamaroneck, in strict confmrmance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board where a variance C 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 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 9:30 p.m. Le Esta E. Davis, Secretary 697