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HomeMy WebLinkAbout1962_09_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD SEP- TEMBER 26, 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 George Schuler Sydney Bierman Richard Eggers ABSENT: Richard I. Land ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of August 22, 1962, were accepted as presented. 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 September 19, 1962. The Chairman requested the secretary to read the first application. APPLICATION NO. 1--DAVID G. SACKS--Case 136 Application of David G. Sacks for permission to erect 56 linear feet of 6'-0" wooden fence along the westerly 389 side and part of the northerly side of a newly constructed patio, on premises located at 3 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mama- roneck as Block 216, Parcel 527 in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman asked whether 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: David G. Sacks In Opposition: None Mr. Sacks appeared and submitted plans for the proposed fence and stated that he desired more privacy and also more protection, he pointed out that the neighboring property was 4 1/2 to 6 feet higher than the patio, that the area was densly shaded prohibiting the growth of hedges, and also the number of children in the neighborhood. Letters from Benjamin Ostro, 77 Harmon Drive, R. T. Myers, 6 Myrtle Boulevard and S. K. Carr, 9 Myrtle Blvd. , all immediate neighbors, were read. These letters stated that the writers were all in favor of the fence. The Board members pointed out that they were not in favor of 6 foot high fences as a general rule and that they felt the desired privacy could be secured by the planting of a hedge or a fence not over 4 feet in height. Following some further discussion the following resolution was adopted by the Board: WHEREAS, David G. Sacks heretofore requested a permit to erect 56 lineal feet of 6 foot high wooden fence on premises located at 3 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216, Parcel 527; 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 WHEREAS, Mr. Sacks has appealed to this Board for modification of the Building Inspector's decision pursuant 390 to Article IV, Section 421. 4 of the Zoning Ordinance so as to allow the erection of said fence; 11) NOW, THEREFORE, BE IT RESOLVED that permission is denied Mr. Sacks to allow 56 linear feet of 6 foot high wooden fence on premises located at 3 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mama- roneck as Block 216, Parcel 527. FURTHER RESOLVED That this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Sobel Aye Schuler Aye Bierman Aye Eggers Naye Land Absent The next four application concerned the subdivision known as Wendy Manor, represented by Warren Lewin, Secretary-Treas- urer of the Maple Hill Construction Company, Mr. Lewin asked that each application be considered separately. The Chairman then requested the secretary to read the second application. APPLICATION NO. 2-MAPLE HILL CONSTRUCTION CO. -Case 137 Application of Maple Hill Construction Co. , by Warren Lewin Secretary Treasurer, for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-2F District, of the Zoning Ordinance of the Town of Mamaro- neck so as to permit the construction of a one family res- idence having a rear yard of 19 feet rather than the re- quired 25 feet, on premises located on the north west corner of Nancy Lane and Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402. Part of Parcel 23, 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: 391 For Appellant: Warren Lewin In Opposition: Mrs. D. Ferrara 180 Palmer Ave. , Larchmont Mr. Lewin, representing Maple Hill Construction Co. , appeared and submitted plans for the proposed house. The Board members questioned Mr. Lewin as to why he now needed this variance since the subdivision had just been approved. Mr. Lewin stated that he felt this would be a better house for the development. Mrs. Ferrara, stated that although she was not opposed to the development she did feel that four bedroom houses should have adequate rear yards. After some discussion, in which the Board members pointed out to Mr. Lewin that if the house were redesigned it would fit on the lot the following resolution was unanimously adopted: WHEREAS, Maple Hill Construction Company, represented by Warren Lewin, Secretary-Treasurer, has submitted an application for a building permit to the Building In- spector for the construction of a one family house; and WHEREAS, the Building Inspector has refused to issue such a 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 rear yards, etc. ; and WHEREAS, Mr. Lewin 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. Hardship of Land Usage 2. Practical difficulty of maintaining arch- itectural and Cost Control for ultimate community benefit at Wendy Manor 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 392 thereof, NOW, THEREFORE, BE IT RESOLVED that this Board denies the application upon the following grounds: ® 1. That there are no special circumstances or conditions applying to the land for which the variance is sought which circumstances and/or conditions are peculiar to '{� such land and which do not apply generally to the Q land in the district which have not resulted from an act of the applicant subsequent to the adoption of the Zoning Regulations appealed from. LU Q2. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the as land and that the granting of the variance is not necessary for the reasonable use of the land. O3. That the granting of the variance would not •be CO 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 in accordance with Section 267 of the Town Law. Following this decision, Mr. Lewin asked that action on the other three applications of Maple Hill Construction Company be postponed. Mr. Sobel pointed out to Mr. Lewin that if he were to wish action on the applications at a later date he would have to submit new applications with the usual $10. 00 fee. The next four application were by Lloyd R. Harris for Orenewal of four variances granted him on May 2, 1960. 0 Mr. Sobel stated that these application would be considered as one. Mr. Harris stated that he had received building permits which he had allowed to lapse and necessitated these new appli- �, cations. LAI W C.. 3 9 3 c5S Mr. William S. Brill, attorney representing Mr. Harris, pointed out that Mr. Harris had laid some sewer lines and questioned if this could not be construed as beginning of con- struction. He did however, point out that it would be impossible for construction to be completed by November of this year which would be the dead line of the two year condition. Mr. Paonessa, Building Inspector, stated that he did not feel the laying of the sewer line could be considered as con- struction. Mr. Brill was asked if his client would consent to com- pleting the construction within a specified limit other than that set by the nnrrmal regulations. At this point Mr. Bierman questioned whether this would be within the Board's province. Mr. Bierman further requested that the Town Attorney, John L. Delius, be requested to present an advisory opinion on this matter. The Chariman then pointed out that the School Board of the Town of Mamaroneck had shown interest in the property in the Cargill Park area for a school. Upon ascertaining that the School Board had received no formal notice of this Public Hearing he asked that action on these application be deferred for one month. Mr. Sobel stated that he would write the School Board, advising them of these applications. Mr. Sobel further stated that these application would be readvertised for the next meeting at no expense to Mr. Harris. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:45 p. m. Ruth Dammann, Secretary 394