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HomeMy WebLinkAbout2009_04_22 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK APRIL 22,2009,IN THE COURT ROOM,TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK,NEW YORK Present: Arthur Wexler, Chairman Frederick Baron Irene O'Neill Linda S. Harrington Robert B.Viner,alternate Also Present: Kevin G.Ryan, Counsel Nancy Seligson,Liaison Ronald A. Carpaneto,Director of Building Absent: Ronald Meister Francine M.Brill,Recording Secretary CALL TO ORDER The meeting was called to order at 7:45 p.m. Applications taken out of order. APPLICATION NO.5 Case NO. 2842 David and Victoria Rosenstreich The sign was not properly displayed;therefore,the Board was unable to hear the application. The matter was adjourned to May 27,2009. APPLICATION NO.1—CASE NO. 2817 Francis and Joanne DeCabia(adjourned 6/25/08,7/23/08,9/17/08,10/23/08,11/18/08, 1/7/09,1/28/09,3/24/09,4/22/09) Mr. Bergins applicant's attorney appeared and addressed the Board. The application was not properly noticed because no sign was displayed. The application was adjourned to May 27,09. APPLICATION NO.2—CASE NO. 2832 Richard and Patricia Patterson(adjourned 11/18/08,1/7/09,1/28/09,3/24/09,4/22/09) Applicant asked to be adjourned. The Board discussed this request and stated that the matter could be taken off the agenda temporarily. APPLICATION NO.3—CASE NO. 2837 Frederick Matchneer(adjourned 1/28/09,3/24/09,4/22/09) The applicant was not present;therefore,the application was adjourned to May 27, 09. APPLICATION NO.4—CASE NO. 2841 David and Amy Levere Craig Rowe of Tramontano&Rowe,34 E Putnam Avenue,Greenwich Ct.,appeared and addressed the Board. Mr. Rowe stated that the applicant wants to place a pool in the side yard because the rear yard is steep and has a tremendous ledge rock. Mr. Rowe stated that the pool will be screened by topography and natural vegetation. The only view of the pool is from Fenimore Road and they are proposing screening. During construction of the house,borings were done in the side yard and they did not encounter ledge rock until about 3 feet down;therefore they feel the side yard is a more appropriate area that will have the least impact. The pool is planned to be 3-8 feet deep with the deeper end closer to Fenimore Road,with 10 inches of concrete. The pool will be 39 feet from the lot line. Mr. Wexler asked if there were any questions from the Board. Hearing no response,he then asked if there were any comments or questions from the public. Pat and Don Miller of Fenimore Road stated that their rear and side yards abut the applicant's property. Mr.Miller stated that there is a question about the property line and the Leveres and Millers have signed an agreement letter to have the property surveyed by Richard Spinelli,The letter was entered into the record and marked exhibit A. The Millers asked the Board if any determination could be predicated on a new survey, and if final pool plans be subject to the Millers' approval. The Millers asked if trees will be damaged during construction,and who is responsible for any damage. Mr. Miller also asked if there would be blasting,how long would it last and how they would be protected. Mr. Wexler stated that the survey from 1994 shows the property line at 68.1 feet from the house. Mr. Carpaneto stated that the Building Department requires a survey. Mr. Carpaneto also explained the blasting and chipping permit requirements. Mr.Ryan explained that the blasting company and the applicant are responsible for any damage,not the Town. Mr. Wexler stated that the Board requires construction drawings with all measurements listed on the plan. Mr. Levere, appeared and addressed the Board,stating that they would like to know the Board's position on the application. Mr. Baron stated that stated that he was concerned with a pool in the side yard and wanted to be assured the rear yard is not a viable option. Mr. Wexler stated that the natural terrain makes,in his opinion,the side a better solution. Ms. O'Neill stated that it is reasonable to put the pool in the side yard. Ms. Harrington stated that the side yard was reasonable. Mr. Viner stated that he was not against the idea of a pool in the side yard. Mr. Rowe presented a photo of the rock ledge in the rear of the property,marked Exhibit B. Mr. Ryan stated that the applicant has the burden of proof. The Board expects calculations as to how much rock will have to be removed from the side yard vs.rear yard. The Board discussed 1. whether any fencing would be a burden to the neighbor 2. board also requires plans with dimensions and placement measurements. Ms. Seligson,liaison stated that there is a considerable restriction on chipping. Mr. Carpaneto stated that chipping can only be done 15 days if removing over 2,000 cubic feet. On motion of Mr. Wexler,seconded by Mr.Baron,the matter was adjourned to the May 27,2009 meeting. MINUTES On motion of Mr. Baron,seconded by Mr. Wexler the minutes of March 24,2009 were unanimously approved. Francine M.Brill Zoning Board of Appeals, Secretary