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HomeMy WebLinkAbout1966_09_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 28, 1966, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGE- WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by Mr. Eggers, the Chairman at 8:10 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Price H. Topping Mr. Henry Mullick Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 24, 1966 were presented and on motion duly made and seconded, ap- proved as submitted. WELCOME The Chairman welcomed Commissioner Pelton who was recently appointed to the Zoning Board. 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 requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 252 Application of Joseph P. Catera for modification of Article IV, Section 421.4, Fences and Walls of the Zoning Ordinance which restricts heights of fences to 4 foot so as to allow the installation of 55 lin. ft. of 6 foot high wooden fence along a portion of the easterly property line on the pre- mises located at 1081 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 65 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard in favor: Mr. Joseph P. Catera, the applicant Dr. Pietro D'Alba, 3 Garit Lane, Larchmont I � Mr. Catera appeared before the Board and stated that his reasons for wanting this fence were because of the fact that the adjoining house is a two family dwelling and there are several cars parked along the easterly lot line. The proximity of the vehi- cles and the movement in and out gives no privacy to the rear yard area. Because of the fact that this lot is substantially below the grade of Palmer Avenue the fence does not present an unsightly appearance along Palmer Avenue. Mr. Catera's landscaper who is from out of town was not familiar with the Zoning Regulations and installed the 6' redwood screening fence. Mr. Catera, also, stated that he had tried screening with plants. Yews did not help and hemlocks were too expensive. Dr. D'Alba stated that he felt the fence improved the area. Previously he looked across from his house to an open garage. A vote was taken on this application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Mullick - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution adopted: WHEREAS, Joseph P. Catera has submitted an application to the Building Inspector for a building permit for the installation of 55 lin. ft. of 6 foot high wooden fence along a portion of the easterly property line on the premises located at 1081 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 65 ; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that in- stallation of such fence violated Article IV, Section 421.4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Joseph P. Catera has appealed to this Board for modification of the Build- ing Inspector's decision pursuant to Art- icle IV, Section 421.4 of the Zoning Or- dinance so as to allow the erection of said fence; NOW, THEREFORE, BE IT RESOLVED, that permission is granted to Joseph P. Catera to install 55 lin. ft. of 6 foot high wooden fence on the premises located at 1081 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402, Parcel 65; and FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board where a variance is granted, the applicants shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. A build- ing permit shall be void if construction is not started within six months and com- pleted within two years of date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 253 Application of Rudolph Novak for modification of Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-30 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition at the rear of the existing dwell- ing having a side yard of 25 feet instead of the required minimum of 27.4 feet and a total of both side yards of 47.60 feet instead of the required 50 feet on the premises located at 31 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 69 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Novak presented his application to the Board along with a plan showing the addition of an extra room to the present dwelling. Mr. Novak claims that if he complies with the Zoning Regulations he will have an irregular shaped structure. The proposed addition will not extend beyond the site of the exist- ing dwelling. Mr. Novak stated that this addition was to be a sun porch and extra bathroom. The Board pointed out that the bathroom was not shown on the plan. A short recess was called after which the Board ad- vised Mr. Novak to return next month with a new plan showing the bathroom and to bring his architect along with him. The Secretary was advised the application would have to be readvertised. Sl � The Chairman requested the Secretary to read the third application. APPLICATION NO. 3 - CASE 254 Application of Harry Fazzeri for modification of Article IV, Section 455.2, as amended April 17, 1963, Layout and location of off-street parking facilities of the Zoning Ordinance so as to allow the construc- tion of an off-street parking area located at the front property line and 1 foot off side property line instead of required minimum front set back of 25 feet and minimum side yard of 5 feet on the pre- mises located at 53 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 563 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Joseph Roma of 6 Blossom Terrace represented his uncle, Mr. Fazzeri. Mr. Roma stated that the work is just about completed and that he was unaware at the time he started the work that he was violat- ing the law. The reasons for wanting this off-street parking area was because of Mr. Fazzeri's ill health it was nec- essary to rent furnished rooms and with a tenant who owns a car and works odd hours there is a park- ing problem. Each time the tenant has to go to work it is necessary for Mr. Fazzeri to move his car. He tried parking on the street but was told this was not allowed. The original driveway was only one car width. A vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Topping - Aye Commissioner Mullick - Nay Commissioner Pelton - Nay The application was therefore denied and the follow- ing Resolution adopted: WHEREAS, Harry Fazzeri has submitted an application to the Building Inspector for the construction of an off-street parking area, together with plans; 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 Mamar- oneck with particular reference to Article IV, Section 455.2 as amended April 17, 1963, Layout and location of off-street parking facilities of the Zoning Ordinance which provides for a minimum front set back of 25 feet and minimum side yard of 5 feet on the premises located at 53 Myrtle Blvd. , and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 563; and WHEREAS, Harry Fazzeri has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: To allow the construction of an off-street parking area located at the front property line and 1 foot off side property line. WHEREAS, this Board has examined the plans and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the appli- cation on the following grounds: 1. That there are no special cir- cumstances or conditions applying to the land for which the variance is sought which circumstances or conditions are peculiar to such land and which do not apply gen- erally to land in the district. 2. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in �'✓ Section 267 of the Town Law. The Chairman requested the Secretary to read the Td-V fourth application. APPLICATION NO. 4 - CASE 255 Application of Eugene Staffenberg for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construc- tion of a one story addition to the dwelling located on a corner lot having a front setback of 10 feet instead of the required 30 feet and a side yard of 5 feet instead of the required 8 feet on the premises located at 18 Kenmare Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 409 Par- cel 680 on the grounds of practical difficulty and/ or unnecessary hardship. The following persons were heard in favor: Mr. Eugene Staffenberg, applicant Mrs. Sheila Staffenberg, 18 Kenmare Road Mr. Aloysuis Tighe, 16 Kenmare Road Mr. Staffenberg stated that he had purchased this house, August 19, 1966 and the house is about 42 years old. He, also, stated that the back yard is on different levels making it a hazardous play area for his two children. The addition would restrict the outdoor play area and also, provide an indoor recreation room which could be used in bad weather in otherwise wasted space. There was some discussion as to how entrance to the rear would be gained because the plans showed no provisions for steps up to the level of the rear yard. Mr. Staffenberg explained that they planned to construct a small retaining wall and ramp up to the existing grade. Mr. Tighe stated that he thought this addition would enhance the property. The Chairman called a short recess after which a vote was taken and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Mullick - Nay Commissioner Pelton - Nay The application was therefore denied and the follow- ing Resolution adopted: WHEREAS, Eugene Staffenberg has submitted an application for a building permit to the Building Inspector for the construc- tion of a one story addition to the exist- ing 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 Mamar- oneck, with particular reference to Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance which re- quires on a corner lot a front setback of 30 feet and side yard of 8 feet on the pre- mises located at 18 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 680; and WHEREAS, Eugene Staffenberg 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. Due to the fact that the back yard is on different levels it makes a hazardous play area for the children. 2. Addition would restrict the outdoor play area and provide an indoor recreation room which could be used in bad weather in otherwise wasted space. WHEREAS, this Board has examined the plans and also 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 denied the appli- cation upon the following grounds: 1. That the Board found that the present yard could be made more usable by the installation of fencing and screening. 2. That the Board, also, found that the proposed addition would make the present building more non-conforming. 3. That there were no special circumstances or conditions ap- plying to the land for which the variance is sought, which circum- stances or conditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and that the granting of the variance is not necessary for the reasonable use of the land. 5. That the granting of the var- iance would not be 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 r.. filed with the Town Clerk in accordance with Section 267 of the Town Law. APPLICATION NO. 5 - CASE 256 Mr. Bodwell the applicant requested his case be post- poned until the next regular meeting of the Zoning Board. Permission was granted by the Board and Mr. Bodwell was advised the application would have to be readvertised. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:40 p.m. je4E; Rita A. Johnso , Secretary oZ