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HomeMy WebLinkAbout1964_09_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF P MAMARONECK, HELD SEPTEMBER 23, 1964, IN THE COURT ROOM OF THE TOWN OF MAMA- C RONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:05 p.m. PRESENT: E. Robert Wassman, Acting Chairman Henry E. Mullick Richard Eggers ABSENT: Sydney D. Bierman, Chairman ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of August 26, 1964 were approved on motion duly made and seconded. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of publication of the notice of the hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on September 17, 1964. ANNOUNCEMENT The Chairman announced that since there were only three Board members present a unanimous vote would be necessary to grant any variance or re- hearing, therefore, if any person present wished to postpone his application to the following meeting he might do so. Since no one wished to withdraw, etc. , the Chairman proceeded with the meeting. The Chairman requested the secretary to read the first application. APPLICATION FOR REHEARING Application for rehearing of Case 186, Carlo Ronconi, for permission to construct an attached storage building at 615 Fifth Avenue, which case was hear and denied by this Board on July 22, 1964. Mr. Joseph R. Pisani of Gaynor, Freeman, Glick and Pisani, 271 North Avenue, New Rochelle, New York, attorney for Carlo Ronconi, appeared and stated he was requesting a rehearing of Case 186 on the basis his client did not fully understand the limitation of the variance that the structure only be used as long as Mr. Ronconi was in business and for the specific use as noted in his application dated July 7, 1964 and when he refused to accept this condition, when suggested by the Board at the July 22, 1964 meeting, he did so in error. In addition, Mr . Pisani mentioned that Mr. Ronconi was not used to appearing before Boards, etc. Following some further discussion, the Board unanimously granted Mr. Ronconi permission for a rehearing on October 28, 1964. IT(') The Chairman requested the secretary to read the next application APPLICATION NO. 1 - CASE 192 Application of Henry B. Makover for modification of Article IV, Sec- tion 421.4 of the Zoning Ordinance of the Town of Mamaroneck so as to allow the erection of 40 lineal feet of a 6-foot high wooden fence to be located at the southerly end of the house, between the pool and said house, rather than the required 4-feet on the premises located at 3 County Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Parcel 1 on the grounds of practical difficulty and/or un- necessary hardship. For Appellant: Henry B. Makover, M.D. 3 Country Road Mamaroneck, New York In Opposition: None Communications: None Dr. Makover, representing himself, appeared and submitted a plot plan which indicated where the proposed fence would be placed. I O He stated the purpose of the fence is to insure privacy to his patients who enter his office, located in the rear of the house on the ground floor, from persons using the swimming pool on his property and from people using the porch. In addition it will screen the swimming pool from persons using the path into his house as well as from the street. He also pointed out that he will be having shrubs put around the north and westerly side of the pool and if these shurbs work out as being suffi- cient to shield the pool and path, .etc. , he will not erect the fence . Mr. Eggers questioned if this will be new shrubbery or full grown. Dr. Makover said he will move some of his old shrubs from the front of the house and had just purchased fifteen new 5-foot shrubs . Mr. Mullick pointed out to Dr. Makover that the variance, if granted, would be for a period of six months and if the fence were not erected at the end of the six months, said variance would be void. Dr. Makover stated he was aware of this. Mr. Wassman mentioned the fact that patients getting out of their cars in front of Dr. Makover's house could be seen by the public and could not see why the path had to be screened, etc. Dr. Makover, who pointed out his practice was psychiatry, said it was his professional opinion that this was a hardship on the patients having to walk down the path to gain entrance to his office at the rear of his home. The getting out of cars in front of the house, etc. was no hardship on his patients . O Following some further discussion, a vote was taken which resulted as follows: s f a.. ,r' Commissioner Wassman Aye 0 Commissioner Mullick Aye Commissioner Eggers Aye The following resolution was adopted: WHEREAS, Henry B. Makover has submitted an application for a building permit to the Building Inspector for the erection of 40 lineal feet of a 6-foot high wooden fence to be located at the southerly end of the house, between the pool and said house, on the premises located at 3 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Parcel 1; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that construction or erection of such fence violated Article IV, Sec- tion 421.4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Henry B. Makover has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421.4 of of the Zoning Ordinance of the Town of Mamaroneck so as to allow the erection of said fence, NOW, THEREFORE, BE IT RESOLVED that permission is granted to Henry B. Makover to erect 40 lineal feet of a 6-foot high wooden fence to be located at the southerly end of the house, between the pool and said house, on the premises located at 3 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Parcel 1. FURTHER RESOLVED that this decision be filed with the Town Clerk in accord- ance with Section 267 of the Town Law. APPLICATION FOR REHEARINr Mr. J. C. Baity of 19 Bonnie Way, Larchmont, New York, appeared and stated he was requesting a rehearing of his case, #189, which had been heard and denied by the Board on July 22, 1964. At that time he was requesting the Board grant him permission to leave a playhouse, set in a position having less than the minimum required set back from the street property line , in its present location. Mr. Baity pointed out that he was requesting this rehearing on the basis of his lack of understanding the powers of the Board and his failure to point out to the Board that he was in no way seeking any vested right for the loca- tion of the playhouse, etc. . Chairman Wassman asked Mr. Baity if a new location would be shown on his application and if there would be a new set of plans, etc. Mr. Baity replied yes. Following some further discussion, the Board unanimously granted Mr. Baity permission for a rehearing on October 28, 1964. ADJOURNMENT There being no further business to come before this meeting it was ad- journed at 8:45 p.m. 5( 'Z