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HomeMy WebLinkAbout1960_05_02 Zoning Board of Appeals Minutes MINUTES OF AN ADJOURNED MEETING CALLED FOR APRIL 27, 1960, HELD MONDAY, MAY 2, 1960 AT THE TOWN OFFICE OF THE TOWN OF MAMARONECK, 158 WEST POST ROAD, MAMARONECK AT 8:30 p.m. CALL TO ORDER The Chairman called the meeting to order at 8:30 p.m. PRESENT: A. E. Wullschleger, Chairman George Schuler Sydney Bierman Laurence Sobel Philip Corby ALSO PRESENT: William J. Paonessa , Building Inspector HEARING The Chairman announced that they would now con- sider the four applications of Lloyd Harris which had been adjourned from the meeting of April 27, 1960. Mr. Wullschleger asked if any person present wished to address the Board and the following persons were heard : For Applicant: William S. Brill ,Esquire 175 Post Road , Larchmont In Opposition: Mr. Charles McCarty, Pres . Howell Park Association Miss M. Soriano 84 Weaver St . ,Larchmont, Mr. Brill , representing Mr. Harris , submitted the plans and explained that it was his feeling that the Board should grant these applications as he had stated in his previous brief, which is on file with this Board. 135 Mr. Charles McCarty, appearing for the Howell Park Association, again reiterated his opinion that no permit should be granted as no hardship or practical difficulty had been proven. Miss Soriano, speaking for her father, said that they still felt that the Zoning Ordinance adopted June 29, 1959 should be upheld . Following some further discussion on motion by Mr. Corby, seconded by Mr. Sobel , the following reso- lutions were unanimously adopted : WHEREAS , Lloyd R. Harris has submitted an application for a building permit to the Building Inspector for the construction of a one family residence, 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 Mamaroneck with particular reference to Article IV, Section 410, which deals with width of lots , side yards, street frontage, etc . ; and WHEREAS, Lloyd 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. Strict application of ordinance would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land . 2 . Variance requested would not be detrimental or injurious to the ad- joining owners in the area . and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this ap- plication after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: 136 C (a) That there are special circumstances and conditions applying to the land for which a variance is sought which circum- stances and/or conditions are peculiar to such land and do not apply generally to the 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 conditions and/or circumstances are as follows : 1 . Cargill Road was used for many years as an entrance to the Town Yard and was recently accepted by the Town. Prior to its acceptance by the Town the applicant was not per- mitted to use his property since it had no access to a dedicated street . Furthermore Mr. Harris had asked for a building permit prior to this ded- ication and was refused altho the frontage, set backs and area of the lots he applied for did at that time viso comply with the then existing Zoning Ordinance, Because of the new Zoning Ordinance which was adopted prior to the dedication of the street, the applicant is unable to obtain building permits. 2. Strict compliance with minimum frontage requirements would result in a sterile parcel having only a 50' frontage. Under the proposed var- iance this 50' would be distributed over the remaining lots . which said circumstances and/or conditions are such that the particular application of the Ordinance would deprive the owner of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by the 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 137 and will not be injurious to the neighborhood or otherwise detrimental to the public welfare ; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaro- neck relating to street frontage be varied and modified so as to permit the construction of a one family house with at 68 foot street line frontage and lot width instead of the required 75 feet, on premises located on Cargill Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, part of Parcel 36, Lot A, in strict accordance 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 six 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 first four paragraphs, covering the WHEREAS portions, are the same in the next three resolutions as in the foregoing resolution; II . NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land for which a variance is sought which circum- stances and/or conditions are peculiar to such land and do not apply generally to the 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 Regu- lations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows : 138 1 . Cargill Road was used for many years ® as an entrance to the Town Yard and was recently accepted by the Town. Prior to its acceptance by the Town the applicant was not permitted to use his property since it had no access to a dedicated street. Furthermore, Mr . Harris had asked for a building permit prior to this dedication and was refused altho the frontage, set backs and area of the lots he applied for did at that time comply with the then existing Zoning Ordinance. Because of the new Zoning Ordinance which was adopted prior to the dedication of the street the applicant is unable to obtain building permits . 2. Strict compliance with minimum frontage requirements would result in a sterile parcel having only a 50 ' frontage. Under the proposed variance this 50 ' would be distributed over the remaining lots . which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would de- prive the owner of the reasonable use of such C land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by the 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 420 of the Zoning Ordinance of the Town of Mamaroneck relating to street frontage be varied and modified so as to permit the construction of a one family house with a 68 foot street line frontage and lot width instead of the required 75 feet , on premises located on Cargill Road and known on the Tax Assessment Map of Mamaroneck as Block 406, part of Parcel 36, Lot B, in strict accordance with the plans filed with this application, providing 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 139 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 six 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. LII . NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (A) That there are special circumstances and conditions applying to the land for which a variance is sought which circum- stances and/or conditions are peculiar to such land and do not apply generally to the 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 . Cargill Road was used for many years as an entrance to the Town yard and was recently accepted by the Town. Prior to its acceptance by the Town the applicant was not permitted to use his property since it had no access to a dedicated street. Furthermore Mr. Harris had asked for a building permit prior to this ded- ication and was refused , altho the frontage, set backs and area of the lots he applied for did at that time comply with the then existing Zoning Ordinance. Because of the new Zoning Ordinance which was adopted prior to the dedication of the street applicant is unable to obtain building permits . 2. Strict compliance with minimum frontage requirements would result in a sterile parcel having only a 50 ' frontage. Under the proposed variance this 50' would be distributed over the remaining lots . which said circumstances and/or conditions are 140 such that the particular application of the Ordinance with respect to Section 410 would deprive the owner of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by the 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaro- neck relating to street frontage be varied and modified so as to permit the construction of a one family house with a 68 foot street line frontage and lot width instead of the required 75 feet, on premises located on Cargill Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, part of Parcel 36, Lot C, 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 six 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. IV. NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land for which a variance is sought which circum- stances and/or conditions are peculiar to such land and do not apply generally 141 (//'°' to the land in the district and which cir- cumstances and conditions have not resulted C 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 . Cargill Road was used for many years as an entrance to the Town Yard and was recently accepted by the Town. Prior to its acceptance by the Town the applicant was not permitted to use his property since it had no access to a dedicated street. Fruthermore, Mr. Harris had asked for a building permit prior to this dedication and was refused altho the frontage, set backs and area of the lots he applied for did at that time comply with the then existing Zoning Ordinance, Be- cause of the new Zoning Ordinance which was adopted prior to the dedication of the street applicant is unable to obtain building permits . 2. Strict compliance with minimum 11) frontage requirements would result in a sterile parcel having only a 50' frontage. Under the proposed variance this 50 ' would be distributed over the remaining lots . which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the owner of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by the Board is the min- imum 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaro- neck be varied and modified so as to permit the construction of a one family house with 142 a 68 foot street line frontage and lot width instead of the required 75 feet, on premises located on Cargill Road and inown on the Tax Assessment Map of the Town of Mamaroneck as Block 406, part of Parcel 36, Lot D, in strict accordance with the plans filed with this application provided that the applicant com- plies in all other respects with the Zoning Ordinance and :the 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 six 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. AD JOURNMENT There being no further business to come before this meeting it was adjourned at 9 : 15 p.m. Ruth Dammann, secretary 143