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HomeMy WebLinkAbout1967_09_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 27, 1967, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGE- WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER In the absence of Mr. Eggers, Mr. Wassman the acting Chairman called the meeting to order at 8:15 p.m. ROLL CALL Present: Mr. Robert Wassman, Acting Chairman Mr. Henry Mullick Mr. Price H. Topping Absent: Mr. Richard F. Eggers Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 23, 1967 were presented and on motion duly made and seconded, ap- proved as submitted. 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 advised the applicants that since there were only three members present their applications would have to be approved unanimously. Mr. Wassman informed the applicants that they would have the privilege of adjourning their cases without penalty for a later hearing but the applicants declined to adjourn. The Chairman requested the Secretary to read the application of Mr. Martin L. Kantor that had been postponed from the previous meeting of July 26, 1967. CASE 277 Application of Mr. Martin L. Kantor for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition to the existing raised porch deck at the rear of the dwelling located on a cor- ner lot having a minimum rear yard of 7 feet instead of the required minimum rear yard of 10 feet on the premises located at 811 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 92 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Kantor appeared before the Board and stated that they were desirous of adding to the existing porch to obtain extra room for recreation purposes and also to improve the access to the house. The storm door that was recently installed blocks part of the porch at present. It was pointed out that when the Kantor's purchased the house in August of 1966 they were aware of the Zoning requirements. The Board asked the applicants if they had consideredextending the porch around the side of thehouse and the Kantor's pointed out that this would also require a variance. Mr. Kantor presented a letter from Mrs. Renee Feld- man whose house is in the rear of the Kantor's pro- perty approving the application. It was, also, pointed out that this addition would not be seen from the front of the house and that the three feet they would be extending into the rear yard will be largely steps leading up to the porch. The Chairman requested a short recess to discuss the application. When the Board returned they sug- gested the applicants amend the application so that the addition to the porch would not exceed 9' instead of the 12 ' requested. After further discussion a vote was taken on the amended application and the result was as follows: Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The amended application was therefore granted and the following Resolution duly adopted: WHEREAS, Mr. Martin L. Kantor has submitted an application for a building permit to the Building Inspector for the construc- tion of an addition to the existing raised porch deck at the rear of the dwelling together 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 Mama- roneck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations for an R-10 Residen- tial District of the Zoning Ordinance which requires a minimum side yard of 10 feet on the premises located at 811 Rock- land Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 207 Parcel 92; and WHEREAS, Mr. Martin L. Kantor 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. To improve access to the house as the storm door that was recently installed blocks part of the porch and steps at present. 2. To provide extra room for recreation purposes. WHEREAS, the applicant amended the plans to provide for a porch only 9 feet long, instead of the 12 feet originally requested, and WHEREAS, this Board has examined the plans, reviewed the application and heard all per- sons interested in this application after publication of a notice thereof, and that the reason claimed by the applicant, namely The addition would create a more usable porch and provide safer access to the dwelling. NOW, THEREFORE, BE IT RESOLVED, that this Board grants the appli- cation as amended 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 buildings 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 7 !4 as follows: e1. That the porch be kept completely open on all sides. 2. That the porch in no way be altered or used for any other purposes except that shown on the amended plan and application. 3. That the porch be no longer than 9 feet. (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 to the existing raised porch deck at the rear of the dwelling having a min- imum side yard of 7 feet instead of the required minimum side yard of 10 feet on the premises located at 811 Rockland Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck As Block 207 Parcel 92 in strict conformance with plans filed with this application and amended, provided that the applicant complies in all other respects with the Zoning Ordi- nance 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 date of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction 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. g The Chairman requested the Secretary to read the next application. APPLICATION NO. 1 - CASE 279 Application of Mr. Patsy Mazzullo for modification of Article IV, Section 421.4, Walls and Fences of the Zoning Ordinance which restricts heights of fences to 4 feet so as to allow the installation of 150 feet of solid wooden fence from 5 to 6 feet high along part of the rear of the property on the pre- mises located at 7 Pheasant Run and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506 Parcel 212 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Mazzullo appeared before the Board and presented his application with a letter of approval signed by the following neighbors : Phyllis and Murray Wittner 6 Pheasant Run John and Gayle Lee 1 Pheasant Run Edward Helmrich 32 Pryor Manor Road Nicholas and Anne Giacomo 4 Pheasant Run Jack and Jan Pearson 8 Pheasant Run Mr. Mazzullo stated in his application that he wanted to hide the unsightly view of garbage cans and refuse behind the Larchmont Diner but it was pointed out by the Board that Mr. Mazzullo's house is 700 to 800 feet from the diner and the garbage cans are only outside the diner on the days that the garbage is picked up. Mr. Mazzullo, also, stated he wanted to hide the disgusting view of logs, rubbish and marshland but he claimed he was more concerned about the safety of his son when he played in the back yard. The applicant said that children play baseball near his home and he was worried about his son getting hit with the baseball. After further discussion a vote was taken on the application and the results was as follows : Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Patsy Mazzullo has submitted an application to the Building Inspector for a building permit for the installation of 150 feet of solid wooden fence from 5 to 6 feet high along part of the rear of i- the property on the premises located at C 7 Pheasant Run and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 506 Parcel 212 ; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that installation of said fence would violate Article IV, Section 421.4, Fences and Walls of the Zoning Ordinance of the Town of Mama- roneck; and WHEREAS, the Board finds no facts exist sufficient to justify the installation of 150 feet of solid wooden fence 5 to 6 feet high as requested, NOW, THEREFORE, BE IT RESOLVED, that the above application for a building permit to install 150 feet of solid wooden fence 5 to 6 feet high be denied. FURTHER RESOLVED, that this decision 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 9:10 p.m. //a7„, . Rita A. Johnso , Secretary CIIl