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HomeMy WebLinkAbout1956_10_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 24, 1956, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGE- WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8 p. m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. Sydney D. Bierman Mr. Robert L. Parsons Mr. Laurence J. Sobel ABSENT: Mr. George Schuler Also Present: Town Engineer Friedlander Town Attorney Delius APPROVAL OF MINUTES On motion by Mr. Wullschleger, seconded by Mr. Sobel, the minutes of the previous meeting held September 26, 1956, were approved as presented. PUBLIC HEARING Application of Harry J. Moore, for modification of Article III, Section 9 of the Zoning Ordinance, so as to allow the construction of an enclosed screened porch at the rear of building on premises located at 2 Oxford Road, and known as Block 208, Parcel 272, on the Tax Assessment Map of the Town of Mamaroneck, re- sulting in a rear yard of less than 25 feet, i. e. , 21 feet, on the ground that there is practical difficulty and unnecessary hardship in conforming with the provisions of the Zoning Ordinance regarding rear yards because of the construction and location of the present house. -90- APPEARANCES: For Appellant - Mr. Harry J. Moore For Opposition - None In discussing this application, Mr. Bierman inquired, while examining the plot plan, whether this property was in an "AA" zone; what its relationship was to Oxford and Dundee Roads, and what unique or different characteristics this property might have as compared to other properties in the area. Mr. Moore replied that the property fronts on Oxford Road, He further pointed out that as the house was built on solid rock, without a basement, it afforded no facilities for his children's rainy day play area. He further explained, in response to questioning by Mr. Bierman, and Mr. Sobel, that his purpose could not be met by anything less than a porch the size requested because of the layout of the house and property. Mr. Bierman further inquired as to how long Mr. Moore had owned the house and was informed about four or five months. ACTION OF THE BOARD: Application granted. THE VOTE: AFFIRMATIVE: Chairman Wullschleger Mr. Parsons - "I have examined the house and find this a reasonable re- quest in view of all the circumstances. " Mr. Sobel - "I vote in favor because I believe a hardship exists since this house is built on rock and has no base- ment. " NEGATIVE: Mr. Bierman ABSENT AND NOT VOTING: Mr. Schuler -91- THE RESOLUTION - Harry J. Moore - Block 208, Parcel 272 WHEREAS, Harry J. Moore has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck refusing a permit for the construction of an enclosed screened porch at the rear of dwelling on premises located at 2 Oxford Road, and known as Block 208, Parcel 272, on the Tax Assessment Map of the Town of Mamaroneck, according to certain plans filed with him; and WHEREAS, Harry J. Moore requests that because of practical difficulty and unnecessary hardship this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the Appellant, and has heard all persons appearing for or against the appeal, NOW, THEREFORE, BE IT RESOLVED, that the appeal of Harry J. Moore from the decision of the Building Inspector refusing the issuance of a permit for the construction of an enclosed screened porch on premises located at 2 Oxford Road, and known as Block 208, Parcel 272, on the Tax Assessment Map of the Town of Mamaroneck be granted upon the grounds of practical difficulty and unnecessary hardship by reason of the fact that the house is built on a slab of rock, has no cellar, and it is impractical to construct a porch that would be necessary to accommodate the children of the owner; and it is FURTHER RESOLVED, that the application of the provisions of the Zoning Ordinance of the Town of Mamaroneck, i. e. , Article III, Section 9 of the Zoning Ordinance regarding rear yards because of the construction and location of the present house and known as Block 208, Parcel 272, on the Tax Assess- ment Map of the Town of Mamaroneck be varied and modified so as to allow the construction of a screened porch in accordance with the plans filed with the Building Inspector on September 12, 1956, provided that the Appellant in all other respects complies with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. -92- I ****** PUBLIC HEARING Application of William R. Gordon, for modification of Article III, Section 9 of the Zoning Ordinance, from an appeal from a decision of the Building Inspector refusing a permit for the erection of a front porch on a one-family residence on the south side of Hillcrest Avenue, and known as Block 123, Parcel 398, on the Tax Assessment Map of the Town of Mamaroneck. Appellant claims non-conforming use and states set-back of less than 30 feet is necessary be- cause of hardship. APPEARANCES: For Appellant - Mr. & Mrs. E. K. Price 70 Hillcrest Avenue, Larchmont, N. Y. Mrs. Margaret Zegers 65 Hillcrest Avenue, Larchmont, N. Y. For Opposition - None The applicant explained that entrance conditions at his home necessitated the addition of a covered entrance-way which would be supported by concrete underneath. Because the front door opens directly into the living room, and there was no sidewalk in front of the premises, mud and dirt are tracked into the house. When questioned as to the amount of property he owns, the applicant replied that he is the owner of a large piece of land having a frontage of 101 feet, including the plots on each side of the property where the house stands. He further added that he has owned the house for the past two and one-half years. ACTION OF THE BOARD: Application granted. THE VOTE: AFFIRMATIVE - Chairman Wullschleger, Messrs. Parsons, Sobel NEGATIVE - Mr. Bierman ABSENT AND NOT VOTING - Mr. Schuler -93- THE RESOLUTION - William R. Gordon - Block 123, Parcel 398 WHEREAS, William R. Gordon has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck refusing a permit for the construction of an open porch in front of premises located at 78 Hillcrest Avenue, and known as Block 123, Parcel 398, on the Tax Assessment Map of the Town of Mamaroneck, according to certain plans filed with him; and WHEREAS, William R. Gordon requests that because of practical difficulty and unnecessary hardship this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the Appellant, and has heard all persons appearing for or against the appeal, NOW, THEREFORE, BE IT RESOLVED, that the appeal of William R. Gordon from the decision of the Building Inspector refusing the issuance of a permit for the construction of an open porch on premises located at 78 Hillcrest Avenue, and known as Block 123, Parcel 398, on the Tax Assess- ment Map of the Town of Mamaroneck be granted upon the grounds of practical difficulty and unnecessary hardship by reason of the fact that the house was built prior to the effective date of the Zoning Ordinance, and, therefore, does not conform. A small extension is necessary in order to construct adequate protection against the weather at the street entrance. FURTHER RESOLVED, that the application of the provisions of the Zoning Ordinance of the Town of Mamaroneck, i. e. , Article III, Section 9 of the Zoning Ordinance relating to set-backs, at premises located at 78 Hillcrest Avenue, and known as Block 123, Parcel 398, on the Tax Assessment Map of the Town of Mamaroneck be varied and modified so as to allow the construction of an open porch in accordance with the plans filed with the Building Inspector on Octo- ber 9, 1956, provided that the Appellant in all other respects complies with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. -94- There being no further business to come before the meeting, it was adjourned at 9:30 p. m. r� A ,`)'t1t1 littt--,1/41:c ecretary -95-