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HomeMy WebLinkAbout1961_09_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD SEP- TEMBER 27, 1961 , IN THE COURT ROOM OF POLICE HEAD- QUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER George Schuler, acting chairman, called the meeting to order at 8:00 p. m. PRESENT: A. E. Wullschleger, Chairman George Schuler Sydney Bierman Laurence Sobel • ABSENT: Richard Eggers v ALSO PRESENT; William Paonessa, Building Inspector ANNOUNCEMENT Mr. Wullschleger, chairman, requested Mr. Schuler to take the chair for the meeting. MINUTES The minutes of the meeting of August 23, 1961, were approved as presented. 05 PALMER AVENUE Robert B. White, attorney representing Howell Park Association, asked that the Board grant another adjournment on the matter of 65 Palmer Avenue. James Johnston, representing Grew Properties, said that he had 285 no objection to this provided that the adjournment was only for one month or until the neat meeting of this Board in October. The Board agreed to this adjournment. HEARING The Chairman declared the hearing open and requested the secretary to read the first application which after presentation of the affidavit of publication of the notice in the official news- paper of the Town of Mamaroneck, The Daily Times, on Sep- tember 20, 1961, was read as follows: APPLICATION NO. 1---L. E. BROWN---Case 102 Application of Mr. & Mrs. L. E. Brown for modification of Article IV, Section 410, Schedule of Residence District Reg- ulations, so as to allow the construction of an addition to the second story of a house which will be 25 feet from the property line rather than the required 30 feet on premises located at 14 Clover Road, and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 219, Parcel 48, on the ground of practical difficulty and/or unnecessary hardship. Mr. Schuler asked if anyone present wished to speak either in favor of or in opposition to this application, the following person addressed the Board; For Appellant: Mr. L. E. Brown In Opposition : None Mr. Brown appeared and submitted his plan for the proposed addition, he pointed out that this would give them additional space and eliminate the necessity of removing snow, etc. in the winter time. He further stated that since this addition would be built over a present porch it would not encroach farther on the property line than the 25 feet now in existence. Following some discussion on motion by Mr. Sobel seconded by Mr. Bierman the following resolution was unanimously adopted: WHEREAS, L. E. Brown has submitted an application for a building permit to the Building Inspector for the construc- tion of an addition to the second story of a house which 286 will be 25 feet from the property line; 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 Mamaro- neck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations, which provides for side lines, rear yards, etc. ; and WHEREAS, Mr. Brown has submitted to this Board an ap- plication for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Addition will provide additional space, increasing comfort and enhancing property value. 2. Addition will eliminate difficult snow removal and frequent repair to porch roof. 3. Proposed addition will not extend building beyond existing wall of lower floor. and WHEREAS, this application came to be heard on Sept. 27, 1961; and WHEREAS, this Board has examined the plans and also has viewed the property and has he and 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 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 sub- sequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Present porch over which addition will be constructed non-conforming under present Zoning Ordinance. 287 2. Proposed addition will not increase non-conformity. 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 the 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 other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to tie applicant and Article IV, Section 410 be varied and modified so as to allow the construction of an addition to the second story of a house 25 feet off the property line rather than the the required 30 feet on premises located at 14 Clover Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 219, Parcel 48 in strict accordance 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. 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 Clerk. A building permit shall be void if construction is not started within 6 months or completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The secretary then read the second application. APPLICATION NO. 2---JOSEPH A . SPADARO---Case 103 Application of Joseph A. Spadaro for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one 288 family house on property located at Weaver Street and Lakewood Lane, having a set-back from Lakewood Lane of 25 feet rather than the required 40 feet, said property is known on the Tax Assessment Map of the Town of Mamaroneck as Block 102, Parcel 157, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Appellant: Pierre Richau 417 Mt. Pleasant Ave. , Mam'k. Joseph Spadaro 899 Port Drive Mamaroneck In Opposition: J. W. Piper 711 Weaver St. , Larchmont Mr. Richau, representing Mr. Spadaro, appeared and sub- mitted plans for the proposed house. He pointed out that the formation of rock made it almost impossible to place the house so that it would conform to the Zoning Ordinance. He also pointed out that there was now a common driveway and that Mr. Spadaro would like to build a private driveway. Mr. Piper then stated that he would oppose such a driveway if it would enter Weaver Street. Mr. Spadaro said that this was not his intention. Following some further discussion, action on the application was deferred to the next meeting of the Zoning Board on Oct- ober 25, 1961 and Mr. Spadaro was asked to furnish an original Contract of Sale. As requested by the Chairman the secretary then read the third and fourth applications. APPLICATION NO. 3--LLOYD R. HARRIS---Case 104 Application of Lloyd Harris, for modification of Article IV, Section 410, Schedule of Residence District Reg- ulations, so as to permit the completion of the con- struction of a one family house having a lot area of 5850 sq. ft., a lot width of 52 ft. and side yards of 7. 6 and 6. 0 feet and a first floor area of 750 sq. ft. 289 on premises located on Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, Parcel 36. APPLICATION NO. 4--LLOYD R. HARRIS---Case 105 Application of Lloyd Harris for modification of Article IV, Section 410, Schedule of Residence District Reg- ulations, so as to permit the completion of the con- struction of a one family house having a lot area of 5630 sq. ft., a lot width of 52 ft and side yards of 6. 1 and 8 feet and a first floor area of 750 sq. ft. on premises located on Weaver Street and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 406, Parcel 41, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if anyone present wished to address the Board either in favor of or in opposition to this appli- cation and the following persons addressed the Board: For Applicant: Wm. S. Brill, Esquire 175 Post Road, Larchmont Lloyd R. Harris 98 Weaver St. , Larchmont In Opposition: None Mr. Brill, representing Mr. Harris, appeared and sub- mitted plans for the proposed houses. He pointed out that Mr. Harris had obtained a building permit in June 1959 at which time these houses were conforming. Due to unforeseen circumstances after starting construction Mr. Harris was unable to complete the buildings. To ask him to remove the present foundations and start over again would be a great hardship. Following some further discussion on motion by Mr. Sobel, seconded by Mr. Schuler the following resolutions were adopted unanimously. WHEREAS, Lloyd R. Harris has submitted an appli- cation for a building permit to complete the con- struction of a one family house having a lot area 5850 sq. ft. , a lot width of 52 ft and side yards of 7. 6 and 6. 0 feet and a first floor area of 750 sq. ft. on premises located on Weaver St. 290 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, Schedule of Residence District Reg- ulations, which provides for rear yards, side lines, lot area etc. ; and WHEREAS, Lloyd R. Harris 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. Construction of foundation started in 1969 when building was in conformance. 2. Long and unavoidable delays prohibited completion of building within time of building permit. and WHEREAS , this application came to be heard on Sept. 27, 1961; and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons in- tereated 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 building for which a variance is sought which circumstances and/or conditions are peculiar to such land and building and do not apply generally to the land and 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: 1. Foundation constructed while building was still in conformance. 291 2. Long and unavoidable delays prohibited com- pletion of building within time limit of building permit 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 the land and building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and 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 other- wise detrimental to the public welfard; 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 completion of the con- struction of a one family dwelling having a lot area of 5850 sq. ft. , a lot width of 52 ft. and side yards of 7. 6 and 6. 0 feet and a first floor area of 750 sq. ft. on premises located on Weaver St. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, Parcel 36, in strict accordance with the plans filed with this application and provided that the applicant complies i 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 Clerk. A building permit shall be void if construction is not started within 6 months or com- pleted within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. Resolution for Case 105 WHEREAS, Lloyd R. Harris has submitted an application for a Building Permit to complete the construction of a one family house having a lot area of 5630 sq. ft. , a lot width of 52 ft. and side yards of 6. 1 and 8 feet and a first floor area of 750 sq. ft. ; and 292 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, Schedule of Residence District Regu- lations , which provides for rear yards, side lines, lot area, etc. ; and WHEREAS, Lloyd R. Harris 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. Construction of foundation started in 1959 when building was in conformance. 2. Long and unavoidable delays prohibited com- pletion of building within time of building permit. and WHEREAS, this application came to be heard on Sept. 27, 1961; and WHEREAS, this Board has examined the plans and also has viewed the property and has 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 building for which a variance is sought which circumstances and/or conditions are peculiar to such land and building and do no apply generally to the buildings and land 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. Foundation constructed while building was still in conformance. 2. Long and unavoidable delays prohibited com- pletion of building within time limit of building permit 293 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 the land and building and that for these reasons the granting of the variance is necessary for the reasonable use of the building and the land 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 the Ordinance and will not be injurious to the neighborhood or other- wise 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 completion of the construction of a one family dwelling having a lot area of 5630 sq. ft. , a lot width of 52 ft. and side yards of 6. 1 and 8 feet and a first floor area of 750 sq. ft. on premises located on Weaver Street and known on the Tax Assessment Map of the Town of Ma- maroneck as Block 406, Parcel 41, in strict accordance with the plans filed with this application 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 Clerk. A building permit shall be void if con- struction is not started within 6 months or completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The secretary then read the fifth application. APPLICATION NO. 5---J. A. FOLGER--Case 106 Application of J. A. Folger for permission to erect 40 linear feet of 6 ft. 6 in. high wooden fence along the rear property line and 25 feet of 6 ft. 6 in. high 294 wooden fence along the southerly side line on premises located at 284 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block O 107, Parcel 646, 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 person addressed the Board; (f) te J For Appellant: J. A. Folger 015 In Opposition: None Mr. Folger appeared and submitted plans for the proposed ct fence. He stated that he and his family desired this fence for O 0 the safety of the children and for more privacy. Following a lengthy discussion with the Board members expressing the opinion that there were altogether too many fences being built, the following resolution was unanimously adopted: WHEREAS, J. A. Folger theretofore requested a permit for the erection of 40 linear feet of 6 ft. 6 in. high wooden fence along the rear property line and 25 linear feet of 6 ft. 6 in. high wooden fence along the southerly side line on premises located at 284 Murray Ave. , and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107, Parcel 646; and WHEREAS, the Building Inspector refused to grant such pwemit 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 Pd WHEREAS, Mr. Folger has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421. 4 so as to allow the erection of said fence: NOW, THEREFORE, BE IT RESOLVED that permission is granted to Mr. Folger to erect 40 linear feet of 4 foot high wooden fence along the rear property line and 25 linear feet of 4 foot high wooden fence along the southerly side line with the 0 295 m 1111111111.11111111111111111.111111111\ exception that at the wouthwest corner of the rear property line the fence may rise to a peak of 5 foot 6 inches for esthetic reasons, on property located at 284 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107, Parcel 646. FURTHER RESOLVED that this resolution 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 10:00 p. m. aLti.., Ruth Dammann, secretary 296