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HomeMy WebLinkAbout2009_02_25 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK FEBRUARY 25,2009,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 Also Present: Lisa Hochman,Counsel Ronald A. Carpaneto,Director of Building Absent: Ronald Meister Nancy Seligson,Liaison 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 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 and 2/25/09) The applicant requested and received an adjournment. APPLICATION NO.2—CASE NO. 2832 Richard and Patricia Patterson (adjourned 11/18/08,1/7/09,1/28/09 and 2/25/09) The applicant requested and received an adjournment. APPLICATION NO.3—CASE NO. 2837 Frederick Matchneer (adjourned 1/28/09 and 2/25/09) The applicant requested and received an adjournment. APPLICATION NO.4 CASE NO. 2839 Katherine Tamagna Richard Metzner,applicant's attorney, appeared and addressed the Board. Mr. Metzner stated they are there requesting a variance to legalize an existing open porch. Mr.Metzner stated that it appears that the porch in question, although not original to the house,has been there since the 1930's and the house next door has the identical porch. There is a door from the living room stepping down to the porch. Mr. Metzner stated that the lot coverage is high because of the garage in the rear of the property and the impervious surface of the driveway. The chairman asked if there were any questions or comments from the public and there was no response. 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 Ms. O'Neill,seconded by Mr. Baron,the following resolution was proposed and ADOPTED unanimously,4-0. WHEREAS, Katherine Tamagna submitted an application for a building permit to legalize an existing open porch on the premises located at 12 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block120,Lot 43;and WHEREAS, the open porch to be legalized has a side yard of 6.5 feet where 8 feet is required pursuant to Section 240-39B.(2)(a);and WHEREAS, the open porch increases the lot coverage from 56.1% to 58.7% where 35% is permitted pursuant to Section 240-39F;and WHEREAS,the open porch increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-6 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 240-39B.(2)(a);240-39F and 240-69;and WHEREAS, Katherine Tamagna submitted an application for a variance to legalize the existing open porch 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 Board finds that legalization of an existing open porch which has been there for many years will not change the character of the neighborhood as the structure is not visible from the street. 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 has no other alternative as the structure already exists and has existed for many years. C. Whether the area variance is substantial: The Board finds that to legalize the open porch which is 6 '/2 feet where 8 feet from the side yard is not substantial particularly since the condition is pre-existing. 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 given the pre-existence of the porch there will be no adverse impact on the environment. E. Whether the difficulty is self-created: The board finds that the porch is pre-existing and is not a self created difficulty. 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. NOW,THERFORE,BE IT RESOLVED,that the subject application be and the same is GRANTED, subject to the following conditions: 1. This variance is limited to the construction shown on the submitted plans as conditioned and/or modified in accordance with the direction of the Board and as agreed to by the Applicant at the 2/25/09 meeting of the Board; 2. The applicant shall submit plans reflecting any conditions or modifications as above for the review and approval of the Director of Building prior to the granting of the building permit. 3. The applicant shall obtain a building permit within six(6)months of the filing of this Resolution. 4. 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. 5. Construction shall be in compliance with the plans submitted in connection with this application,as conditioned or modified pursuant to the direction of the Board. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. MINUTES On motion of Mr. Baron seconded by Mr.Wexler the minutes of January 7,2009 were approved as amended 4-0 On motion of Mr. Wexler,seconded by Mr.Baron the minutes of January 25,2009 were approved as amended 4-0. NEW BUSINESS The date for the March meeting was discussed and changed to either, 3/24/09 or 3/26/09,date and meeting room availability to be checked by the secretary and confirmed. Mr. Bob Viner introduced himself, stating that he is a possible alternate to the Board. ADJOURNMENT On motion of Ms. Harrington, seconded by Ms. O'Neill the meeting was adjourned at 8:20. Francine M.Brill Zoning Board of Appeals,Secretary