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HomeMy WebLinkAbout2008_03_25 Zoning Board of Appeals Minutes Minutes 3/25/08 page 1 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK MARCH 25,2008,IN THE SENIOR CENTER,TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK,NEW YORK Present: Arthur Wexler, Chairman Linda S. Harrington Frederick Baron Irene O'Neill Ronald Meister Also Present: Lisa Hochman, Counsel Ronald A. Carpaneto, Director of Building Nancy Seligson, Liaison Absent: Kevin G. Ryan, Counsel Wanda Spevedula, Public Stenographer Carbone &Associates, LTD 111 N. Central Park Avenue Hartsdale, New York 10530 Francine M. Brill, Recording Secretary CALL TO ORDER APPROVAL OF MINUTES On motion duly made the minutes of February 27 were corrected and Approved. APPLICATION NO. 1 —CASE NO. 2795 Reck The Board discussed the application and decided to remove it form the agenda since it has been adjourned since October 25, 2007. The Board therefore directed the Secretary to send a letter to the applicant informing them that if they submit new plans before June 1, 2008 they will not be required to pay a new application fee, but are still required to renotice the neighbors and post a sign. APPLICATION NO. 2 - CASE 2799 Duane Reade Paul Noto of 650 Halstead Avenue appeared and addressed the Board. Mr. Noto is replacing Warren Goodman as the applicant's attorney. Mr. Noto stated that Duane Reade has been unsuccessful finding a B Zone approved sublease. Mr. Noto also believes that his client may not require a variance as the Audi dealership is a retail business and B Zone permits a retail business. Mr. Noto argued that the Audi dealership is not a traditional car dealership butt would be a show room only with no repairs or service, and that Duane Reade would have more of an impact on traffic than Audi. Frederick Baron stated that Town Code Section 240-31 says that car dealerships are permitted in Service Business and excluded in B Districts. Minutes 3/25/08 page 2 Kevin Ryan, Counsel stated that the application is for a use variance not an interpretation. Mr. Noto explained that Duane Reade has been losing money on the empty store and that they have shown the hardship in the 10 Q quarterly report filed November 13, 2007. The landlord Melvin Getlan of Melron Amusement Corporation sent a letter dated January 11, 2008 approving Audi as a sub lease. Greg Hill of 92 North Chatsworth entered a letter with 150 + attached emails against the Audi dealership The Board discussed the application and requested that Mr. Noto submit a more detailed plan as to what Audi is planning for the site, hours of operation, etc. The Board asked the following questions: 1. Legal authority-who has to show hardship owner or Duane Reade. 2. More specifically why property has a unique hardship. 3. Why Town Board wrong in zoning the property 4. Was hard ship self created 5. Complete list of all potential tenants from Duane Reade 6. What is rental offer and comparable rents in the vicinity, from Duane Reade. 7. A synopsis of the 10 Q form as to why parent company and store not making money. The Board also requested that an Audi representative be at the next meeting to answer questions the Board might have. On motion of Arthur Wexler, seconded by Linda Harrington the matter was adjourned to April 30, 2008. APPLICATION NO. 3 CASE NO. 2804 Brad and Pam Nodiff Robert Keller applicant's architect appeared and addressed the Board. Mr. Keller explained that the application was corrected and renoticed to take the overhang into consideration. The Board discussed the application and its findings revealed that there were little or no adverse impacts on the neighborhood or community and therefore voted as follows: After review, on motion of Arthur Wexler, seconded by Linda Harrington, the following resolution was proposed and ADOPTED unanimously,5-0. RESOLVED, that this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§617 et seq. Accordingly, no further action under SEQRA is required. On motion of Linda Harrington, seconded by Arthur Wexler, the following resolution was ADOPTED: WHEREAS, Brad and Pam Nodif requesting a variance to construct a two story addition on the premises located at and known on the Tax Assessment Map of the Town Of Mamaroneck as Block 116, Lot 337. The addition as proposed has a front yard of 22.2 feet where 30 feet is required pursuant to Section 240-38B. (1) and further the addition increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-7.5 Zone District. and; WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 240-38B(1 ); and Section 240-69 and Minutes 3/25/08 page 3 WHEREAS, Brad and Pam Nodif submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; and WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as required by New York State Town Law§267-b: 1. The Board finds that the benefit to the applicant from the granting of the variance outweighs any detriment to the health, safety and welfare of the neighborhood or community. In reaching this conclusion, the Board considered the following factors: A. Whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance: The addition is located to align with the center of the prominent existing roofline and with the architectural details of the existing residence. The addition to the right side of the existing house is also furthest from any neighboring structure. B. Whether the benefit sought by the applicants can be achieved by some method feasible to the applicants other than an area variance: The Board finds that the applicant can not achieve their goals by a feasible method other than proposed. The location of the proposed side addition was determined in consideration of the existing non-conforming residence. The unusual rear driveway access to this elevated site makes a rear addition difficult if not impossible. C. Whether the area variance is substantial: The Board finds that the variance although substantial is due to the location of the existing residence. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district: The Board finds that there will be no adverse impact on the neighborhood or district. The scale of the addition is in keeping with this residence and the surrounding community. We have had no negative communications from any neighbors in reference to this application. E. Whether the difficulty is self-created: The board finds that the difficulty is not self created. It is due to the placement of the existing structure on the property. 2. For the reasons stated above, the granting of this variance is 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. 3. For the reasons stated above, the variance is the minimum necessary to alleviate the difficulty detailed in the application yet also preserves and protects the character of the neighborhood and the health, safety and welfare of the community. Minutes 3/25/08 page 4 NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is granted, subject to the following conditions: 1. The variance be limited to the construction shown on the plans and shall not be construed to allow any other variation, whether or not relating in any way to the variance granted hereunder. 2. The applicant shall obtain a building permit within six(6)months of the filing of this Resolution. 3. The building permit shall be void if construction is not started within six (6) months and completed within two (2)years of the date of said permit. 4. Construction shall be in substantial compliance with the plans hereby approved in connection with the application. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. APPLICATION NO.4—CASE NO. 2805 Erik and Sheara Graber Eric Graber appeared and addressed the Board. Mr. Graber explained that the units to be legalized were put there because of the location of the inside components. Ms. Georgia Vickers of 36 Colonial Avenue stated that she owns the adjoining house and is sensitive to noise. The Board informed Mr. Graber that it requires the decibel ratings of the installed unit as well as photos of the placement of the unit with regard to the adjoining neighbor's house. On Motion of Arthur Wexler, seconded by Frederick Baron the matter was adjourned to April 30, 2008. APPLICATION NO. 5—CASE NO. 2807 Orsola and Mike Vecchione James Fleming applicant's architect appeared and addressed the Board. Mr. Fleming stated that they are requesting permission to demolish an existing single family dwelling and replace it with a larger single family two story home. Mike Vecchione stated that his family has been in the house since 1996 and it is too small for his family, they like the location but the existing driveway on Myrtle Blvd. is hazardous so they would like to change the placement of the house and driveway to Baldwin Ave. Bhaumik Hotha of 106 Myrtle Blvd. expressed concerns about the planned structure as to the impact of sunlight and shading on his home as well as noise as the back of the proposed house will now face their bedrooms. Mr. Vecchione responded by saying that there will be nothing placed in the back of the house. The Board questioned if the house could be rotated closer to Baldwin Avenue lessening the impact on the neighbor at 106 Myrtle. A letter from the Illardis the neighbor on Baldwin in favor of the application was entered into the record. The matter was adjourned to the April 30, 2008 meeting. Minutes 3/25/08 page 5 ADJOURNMENT On motion of Arthur Wexler, seconded by Ronald Meister the meeting was adjourned. Francine M. Brill, Zoning Board Secretary