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HomeMy WebLinkAbout1983_11_30 Zoning Board of Appeals Minutes 49 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD NOVEMBER 30, 1983, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:20 P.M. ROLL CALL Present: Mr. A. William Boraczek Mr. Egbert R. Hardesty Mr. Peter D. Mosher Mr. J. Rene Simon Absent: Mr. Stephen K. Carr Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the regular meeting of October 26, 1983 and the special meeting of November 15, 1983 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Boraczek asked the Secretary to read the application. APPLICATION NO. 1 - CASE 650 Application of Mr. and Mrs. James Gross for modifcation of Article IV Section 89-20 Subsection C [3] "Permitted Accessory Uses in an R-15 One Family Residence District" as permitted by the Building Code which does not permit the construction of a family swimming pool within the re- quired 40 ft. front yard setback to allow the construction of a family swimming pool having a front setback of 30 ft. from Dundee Road and Winged Foot Drive on the premises lo- cated at 2 Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 741 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Leonard Weinberg of 160 Hillair Circle, White Plains, New York, who is the Architect for the applicant said that they had discussed the plans with the neighbors, who had expressed their feelings and concerns about the pool they had decided to vary the location of the pool on the pro- perty. Mr. Weinberg stated that the amended plan shows more planting and they had kept the setback at one end of the pool but had moved the terrace closer to the house. In addition Mr. Weinberg said the amended plan showed a change in the location of the fencing and the pool setback was approximately 32 ft. In conclusion Mr. Weinberg said there was no change in the size of the pool and the fence would conform to the code requirements. Mr. Simon asked about the shrubbery and it was pointed out that there is presently existing hemlocks. The Chair- man asked the applicants what their practical difficulty was and it was pointed out accessory structures are only al- lowed in the rear yard but because of the large amount of rock there it would not be practical. Mr. Mosher expressed concern because of the location of the pool in the front of the house and the affect noise would have on the neighbors on all sides. Mr. Gross, the applicant said he was looking for privacy in the three areas and there would be a lot of shrubbery around the fence. The applicant, also, said that he was not look- ing for noise and would not expect his neighbors to tolerate any disturbance. Mr. Boraczek and Mr. Mosher both expressed concern about the children in the neighborhood climbing the fence and Mr. Gross said he had two young children of his own. Mr. Boraczek said if the application was approved he would like to stipulate that they be allowed to put up a high fence around the pool and the other members agreed. Mr. Paonessa said that it was possible to allow a fence within 25 ft. of the pool area to be 6 ft. high and that fences around pools are usually nonclimbable. Mr. Hardesty pointed out that the pool should be visible from the house. The Board, also, expressed concern that if Mr. Gross decided to sell the house whether the land- scaping would be done. Mr. Lee Zimmerman of 3 Winged Foot Drive said he had seen the plan and feels the landscaping will help the noise. It was, also, pointed out that the Board should stipulate no diving boards, slides or extra lights around the pool. Mr. Zimmerman said he thought the neighbors would be pleased. Mr. A. Paul Camerino of 1 Winged Foot Drive said Mr. Gross was looking out for his own enjoyment but he was not look- ing to destroy the neighborhood. After further discussion the Board decided that if the application was approved they would stipulate that the applicants be allowed to put up a fence at least 6 ft. and that there be no slides, diving boards or spot light- ing. The Board voted on the amended application and the vote was as follows: 491 Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Mosher - Aye Commissioner Simon - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. James Gross have submitted an application to the Building Inspector to al- low the construction of a family swimming pool having a front yard setback of 30 ft. from Dun- dee Road and Winged Foot Drive, 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 Or- dinance of the Town of Mamaroneck with particular reference to Article IV Section 89-20 C [3] "Per- mitted Accessory Uses in an R-15 One Family Resi- dence District" as permitted by the Building Code which does not permit the construction of a family swimming pool within the required front yard setback of 40 ft. on the premises located at 2 Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Par- cel 741; and WHEREAS, Mr. and Mrs. James Gross have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The existing driveway into the garage occupies a major portion of the rear yard area. 2. The remaining area is almost totally rock. The height of the rock is approxi- mately one full story or more. Even if the removal of this rock by blasting was contemplated, it would jeopardize the exist- ing residence due to the close proximity of said rock to the residence. 3. In order to comply with the setback limitations of Article 23 "Family Swimming Pools", the location of the pool becomes an even more difficulty situation due to the small amount of land area that would remain. WHEREAS, this Board has examined the plans, re- viewed the application and has heard all persons interested in this application after publication of a notice thereof, WHEREAS, the applicant amended the plan to show a change in the location of the pool and fencing; and NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: [a] That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the ap- plicant subsequent to the date of the Zoning Regulations appealed from. [b] That the said circumstances and/ or conditions are as follows: 1. Because of the location of the existing driveway and the rock at the rear of the property the pool cannot be located in any other place. 2. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article IV Section 89-20 Subsection C "Permitted Access- ory Uses in an R-15 One Family Residence District" would de- prive the applicant of the reason- able use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and in- tent of this Ordinance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article IV Section 89-20 C [3] "Permitted Accessory Uses in an R-15 One Family District" be varied and modified so as to allow the con- struction of a family swimming pool having a front setback of 32 ft. in strict conformance with the amended plan filed with this applica- tion subject to the following conditions and provided that the applicant complie in all other rr— respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1. The applicant be allowed to put up a fence around the pool of at least 6 ft. in height. 2. That no slides, diving boards or spot lighting be installed. 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 permit within three months 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:00 P.M. Rita A. Johns Secretary