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HomeMy WebLinkAbout2005_06_21 Zoning Board of Appeals Minutes CAS '-� Town of Mamaroneck w Zoning Board of Appeals • MIMED 1451 • TOWN OF MAMARONECK ZONING BOARD OF APPEALS MINUTES JUNE 21, 2005 Present: Thomas E. Gunther, Chairman Irene D. O'Neill Arthur Wexler Frederick Baron Absent: Linda S. Harrington Also Present: Robert S. Davis, Counsel Ronald A. Carpaneto, Director of Building Tina Dinunzio, Public Stenographer Carbone &Associates, LTD 111 N. Central Park Avenue Hartsdale, New York 10530 Daniela Gerardi, Recording Secretary APPLICATION NO. 1 -CASE NO. 2654 (Adjourned to the July 26, 2005 meeting) Application of American Sign Crafters requesting a variance to legalize a monument sign on the premises located at 1370 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410, Lot 1. The monument sign as proposed would be the third sign for the premises where, pursuant to Section 240-45(iii)(b), only two signs are permitted per establishment when located in a "B" Business Zone District. The Board instructed the Director of Building that this application will not be adjourned beyond the July 2005 meeting and instructed him to contact the applicant accordingly. APPLICATION NO. 2—CASE NO. 2656 (adjourned 4/27/05; 5/18/05) Application of McMahon's Farm/Thomas McMahon requesting a variance to construct a new loading dock and receiving area on the premises located at 615 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Lot 344. The loading dock and receiving area as proposed would have a lot coverage of 63%where 25% is required pursuant to Section 240-45A(3); has a floor area of 63%where 50% is required pursuant to Section 240-45C. for a building in a Service Business Zone District. The Board was informed that the applicant has withdrawn this application. APPLICATION NO. 3 -CASE NO. 2658 (adjourned 4/27/05; 5/18/05) Application of Post Road Larchmont Realty, Inc. requesting a variance to erect a wireless telecommunications facility consisting of 12 panel antennas and related equipment in the basement on the premises located at 1-3 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Lot 82. The proposed wireless telecommunications facility is not a permitted use in a Service Business Zone District pursuant to Section 240-31. Also, the proposed antennas have a height of 56 ft. 2 in. where 30 ft. is required pursuant to Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 2 of 13 Section 240-46D; and further, the antennas increase the extent by which the building is nonconforming pursuant to Section 240-69 for a building in a Service Business Zone District. David Snyder (applicant's attorney) approached the Board and explained the wireless telecommunications facility is necessary to close the gap in cellular coverage in this area. Mr. Snyder also stated that there would be 6 panel antennas mounted just below the parapet of the building that would not go above the line of the roof and that these panels would match the brick by painting them in the same colors and patterns as the wall behind them. The Board had no problem with the panels on the stucco facade (north east corner by chimney). Mr. Snyder confirmed that the panels would be separated and spaced to fit better with the lines of the building and all wiring would run through the parapet to the rear of the panels and not be seen. After some discussion that focused mainly on the appearance and visual impact of the telecommunications equipment the Board agreed that the applicant had addressed all concerns. The Board finds that the record made by the applicant is sufficient, the benefit to the applicant outweighed any detriment to the health, safety or welfare of community or surrounding properties and granted the variance. CERTIFICATION As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Zoning Board of Appeals at the meeting held on June 21,2005. CASE NO. 2658 -POST ROAD LARCHMONT REALTY, INC After review, on motion of Mr. Gunther, seconded by Mr.Wexler, the following resolution was proposed and ADOPTED unanimously, 4-0. 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 Mr.Wexler, seconded by Mr. Gunther, the following resolution was ADOPTED: WHEREAS, Post Road Larchmont Realty, Inc./Omnipoint Communications as agent for Omnipoint Facilities Network 2, LLC have submitted an application to the Building Inspector, together with plans to erect a wireless telecommunications facility consisting of 6 panel antennas and related equipment in the basement on the premises located at 1-3 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Lot 82. The proposed wireless telecommunications facility is not a permitted use in a Service Business Zone District pursuant to Section 240-31.Also, the proposed antennas have a height of 56 ft. 2 in. where 30 ft. is required pursuant to Section 240-46D; and further, the antennas increase the extent by which the building is nonconforming pursuant to Section 240-69 for a building in a Service Business 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 240-31. Also, the proposed antennas have a height of 56 ft. 2 in. where 30 ft. is required pursuant to Section 240-46D; and further, the antennas increase the extent by which the building is nonconforming pursuant to Section 240-69 for a building in a Service Business Zone District; and WHEREAS, Post Road Larchmont Realty, Inc. submitted an application for a variance to this Board for the reasons set forth in such application; and Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 3 of 13 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 outweighs any detriment to the adjoining properties or community in the vicinity of the house. 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 this variance: The Board finds that in this instance, the wireless telecommunications facility will not have an undesirable change in the community. The 6 panel antennas would be mounted just below the parapet of the building and would not go above the line of the roof and these panels would match the brick by painting them in the same colors and patterns as the wall behind them. The Board had no problem with the panels on the stucco facade (north east corner by chimney). The panels would be separated and spaced to fit better with the lines of the building and all wiring would run through the parapet to the rear of the panels and not be seen. B. Will the benefit sought by the applicant achieve by some methods other than an area variance: The Board feels there is no other alternative. C. Whether the requested area variance is substantial: The Board finds it is not substantial. D. Whether the proposed variance will have an adverse effect on the impact or the physical or environmental conditions in the neighborhood or district: The Board finds that the wireless telecommunications facility would have no effect on the impact or the physical or environmental conditions in the neighborhood or district. E. Whether the alleged difficulty was self-created: The Board finds the difficulty was not their doing. F. 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. G. 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. H. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 4 of 13 2. The Board finds that the record made by the applicant is sufficient to grant a variance with the following conditions: A. The cables attached to the antennas are to come through the parapet and not to be seen. B. The antennas should be integrated visually into the fabric of the building by method of painting. C. The paint should be durable and able to withstand weather conditions. D. The applicant will maintain the antennas so they look like they belong in the fabric of the building. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. This variance authorizes the construction as shown on the plans presented and no other. 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 submitted in connection with this application. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. APPLICATION NO. 5 -CASE NO. 2659 (adjourned 5/18/05) Application of Pam and Rob Joyce requesting a variance to construct a front vestibule on the premises located at 68 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117, Lot 236. The front vestibule as proposed has a front yard of 24 ft. where 30 ft. 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. James Fleming (applicant's architect)approached the Board and stated the applicant would like to construct the front vestibule for protection from the elements (rain, snow, dirt, wind, etc.) and to create a more attractive design to the front entrance. The Board agreed that the front vestibule as presented would provide a benefit to the applicant that is outweighed by any detriment to the health, safety or welfare of community or surrounding properties and granted the variance. CERTIFICATION As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Zoning Board of Appeals at the meeting held on June 21,2005. Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 5 of 13 CASE NO. 2659 -JOYCE After review, on motion of Mr. Gunther, seconded by Mr.Wexler, the following resolution was proposed and ADOPTED unanimously, 4-0. Ms. Harrington was not present. 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 Ms. O'Neill, seconded by Mr. Gunther, the following resolution was ADOPTED: WHEREAS, Pam and Rob Joyce have submitted an application to the Building Inspector, plans to construct a front vestibule on the premises located at 68 North Chatsworth Avenue and know on the Tax Assessment Map of the Town of Mamaroneck as Block 117, Lot 236. The front vestibule as proposed has a front yard of 24 ft. where 30 ft. is required pursuant to 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 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, Pam and Rob Joyce 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. The proposed variance will not produce an undesirable change in the character of the neighborhood. B. The addition of the front vestibule will extend the front dwelling slightly beyond those of the neighboring residences. C. Since this residence is located on a curve on the road the visual impact of this change will be minimal to the surrounding area. D. The applicants are unable to achieve their goal via an alternative design since this is the only front entrance to the dwelling. E. The variance requested is not substantial. Since the house was originally constructed at the limit of the required front yard the applicant can not add the vestibule without a variance. F. The variance will not have an adverse impact on physical or environmental conditions of the neighborhood due to its small size. Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 6 of 13 G. There appears to be no indication that the addition of the front vestibule will cause additional significant runoff or other undesirable results as the addition is quite small. H. We have had no communications from surrounding neighbors noting an adverse impact on the surrounding neighborhood or area. I. This is not a self-created difficulty. The house was constructed right along the permitted front yard setback. This is the only location that a front vestibule could be placed. J. 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. K. 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. L. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. This variance authorizes the construction as shown on the plans presented and no other. 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 submitted in connection with this application. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. APPLICATION NO. 6 -CASE NO. 2660 (adjourned 5/18/05) Application of Mr. & Mrs. Joseph Gorman requesting a variance to construct a first floor addition on the premises located at 15 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128, Lot 234. The first floor addition as proposed increases the lot coverage from 41%to 42.3%where 35% is permitted pursuant to Section 240-38F; 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. Joe Gorman (applicant) approached the Board and stated his proposal to construct a first floor addition to provide living space for an elderly family member thereby avoiding the need to climb stairs. He also stated that there was no feasible alternative to add more space on the first floor that would not require additional variances. Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 7 of 13 The Board agreed that the addition as proposed would provide a benefit to the applicant that is outweighed by any detriment to the health, safety or welfare of community or surrounding properties and granted the variance. CERTIFICATION As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Zoning Board of Appeals at the meeting held on June 21,2005. CASE NO. 2660 -GORMAN After review, on motion of Mr. Gunther, seconded by Mr. Baron, the following resolution was proposed and ADOPTED unanimously, 4-0. Ms. Harrington was not present. 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 Ms. O'Neill, seconded by Mr. Gunther, the following resolution was ADOPTED: WHEREAS, Mr. and Mrs. Joseph Gorman have submitted an application to the Building Inspector, together with plans to construct a first floor addition on the premises located at 15 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116, Lot 402. The first floor addition as proposed increases the lot coverage from 41%to 42.3%where 35% is permitted to Section 240-38F; 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 240-38F; 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, Mr. and Mrs. Joseph Gorman 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. The proposed variance will not produce an undesirable change in the character of the neighborhood nor will it create a detriment to nearby properties. B. The proposed first floor addition to create a small sitting room and to enlarge an existing guest bedroom will increase the lot coverage from 41%to 42.3%where 35% is permitted. C. The design of the proposed addition is consistent with the existing dwelling and will not materially increase the mass of the structure. Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 8 of 13 D. The applicants can not achieve their goals via an alternate design due to the placement of the house on the property and the layout of the interior floor plan. E. One of the purposes of the proposed addition is to provide living space for an elderly family member on the first floor thereby avoiding the need to climb stairs. If space were added on the second floor this goal would not be met. F. While the variance requested is substantial, the current lot coverage of 41% is already nonconforming due to changes in the zoning requirements over the years. The proposed increase in coverage of 1.3%of the property is not substantial. G. Due to the modification of the proposed addition an additional small coverage of only 99.5 square feet will not have an adverse impact on physical and environmental conditions on the neighborhood. H. There appears to be no indication that the first floor addition will cause additional significant runoff or other undesirable results. I. Difficulties were not self-created. The difficulties due to a long narrow shape of the lot and the location of the garage at the rear corner of the lot require a large area of coverage for the driveway. J. 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 due to its small size and placement. K. 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. L. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. This variance authorizes the construction as shown on the plans presented and no other. 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 submitted in connection with this application. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. APPLICATION NO. 7 -CASE NO. 2667 Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 9 of 13 Application of David and Ann Wilson requesting a variance to construct a kitchen addition which attaches the existing accessory garage to the principal dwelling on the premises located at 15 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108, Lot 107. The addition as proposed has a side yard of 7 ft. where 10 ft. is required pursuant to Section 240-37B(2)(a)for a residence in an R-10 Zone District. John Agner (applicant's architect)stated his proposal to construct a first floor extension to the kitchen and connect it to the existing detached garage. The addition would provide extra space for an eating area. The Board felt that attaching the existing house to the existing garage would not have any negative impact to the neighborhood due to the fact that it was not visible from the street. The Board agreed that the addition as proposed would provide a benefit to the applicant that is outweighed by any detriment to the health, safety or welfare of community or surrounding properties and granted the variance. CERTIFICATION As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Zoning Board of Appeals at the meeting held on June 21,2005. CASE NO. 2667 -WILSON After review, on motion of Mr. Gunther seconded by Mr. Baron, the following resolution was proposed and ADOPTED unanimously, 4-0. 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 Mr. Baron, seconded by Ms. O'Neill, the following resolution was ADOPTED: WHEREAS, David and Ann Wilson have submitted an application to the Building Inspector, together with plans to construct a kitchen addition which attaches the existing accessory garage to the principal dwelling on the premises located at 15 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108, Lot 107. The addition as proposed has a side yard of 7 ft. where 10 ft. is required pursuant to Section 240-37B(2)(a)for a residence in an R-10 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 240-37B(2)(a)for a residence in an R-10 Zone District; and WHEREAS, David and Ann Wilson 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: Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 10 of 13 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. The proposed variance will not produce an undesirable change in the character of the neighborhood nor will it create a detriment to nearby properties. The addition would update and enlarge the kitchen/breakfast area, consistent with the size and style of this and neighboring residences. The Board also noted that the proposed addition is within an area at the rear of the property that is significantly well screened by natural evergreen trees shielding its presence for all surrounding properties. B. The applicants cannot achieve their goals via an alternate design. Due to the shape of the existing house and its placement on the property there is no other location available to effectively add additional space to the kitchen. The addition is within the residence's overall perimeter; thereby, minimizing the disruption to the residence and property. C. The proposed addition will not have an adverse impact on physical and environmental conditions on the neighborhood. The Board felt that the addition as proposed would not have any negative impact to the neighborhood due to the fact that it was not visible from the street or nearby properties. D. There appears to be no indication that the addition will cause additional significant runoff or other undesirable results. E. 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. F. 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. G. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. This variance authorizes the construction as shown on the plans presented and no other. 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 submitted in connection with this application. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 11 of 13 APPLICATION NO. 8 -CASE NO. 2668 Application of Mr. & Mrs. James Murray requesting a variance to construct a second floor addition on the premises located at 9 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Lot 239. The addition as proposed has a side yard of 6.7 ft. where 10 ft. is required pursuant to Section 240-37B(2) and further the addition increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-10 Zone District. Michael Csenge (applicant's architect)stated his proposal to construct a second floor addition over an existing first floor. The addition would provide extra living space. The Board agreed that the addition as proposed would provide a benefit to the applicant that is outweighed by any detriment to the health, safety or welfare of community or surrounding properties and granted the variance. CERTIFICATION As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Zoning Board of Appeals at the meeting held on June 21,2005. CASE NO. 2668 -MURRAY After review, on motion of Mr. Gunther seconded by Mr. Baron, the following resolution was proposed and ADOPTED unanimously, 4-0. 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 Mr. Baron, seconded by Ms. O'Neill, the following resolution was ADOPTED: WHEREAS, Mr. and Mrs. James Murray have submitted an application to the Building Inspector, together with plans to construct a second floor addition on the premises located at 9 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Lot 239. The addition as proposed has a side yard of 6.7 ft. where 10 ft. is required pursuant to Section 240-37B(2)(a)and further the addition increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-10 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 240-37B(2)(a)and further the addition increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-10 Zone District; and WHEREAS, Mr. and Mrs. James Murray 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: Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 12 of 13 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. The proposed variance will not produce an undesirable change in the character of the neighborhood nor will it create a detriment to nearby properties. There will not be an increase in lot coverage. B. The applicants cannot achieve their goals via an alternate design. Due to the existing conditions, which were created at the time the existing dwelling was constructed, the dwelling is not in conformance with the present Zoning Regulations, therefore, an addition over the existing dwelling can not be designed to comply with the regulations. The proposed addition is a second floor addition over the existing first floor which is non- conforming. C. The proposed addition will not have an adverse impact on physical and environmental conditions on the neighborhood. The addition would provide extra living space. D. There appears to be no indication that the addition will cause additional significant runoff or other undesirable results. E. 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. F. 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. G. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. This variance authorizes the construction as shown on the plans presented and no other. 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 submitted in connection with this application. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. APPLICATION NO. 9 -CASE NO. 2669 Town of Mamaroneck Zoning Board Minutes June 21, 2005 Page 13 of 13 Application of Robert B. Temple requesting a variance to construct a family room addition on the premises located at 4 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Lot 638. The addition as proposed has a rear yard of 23.85 ft. where 25 ft. is required pursuant to Section 240-39B(3); a side yard of 6.6 ft. where 8 ft. is required pursuant to Section 240-39B(2)(a); a lot coverage of 44.5%where 35% is permitted pursuant to Section 240-39F; and further, the addition increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-6 Zone District. Keith Akroyd (works with the applicant's architect)stated that the applicant is proposing to construct a family room addition to expand the first floor area. After reviewing the plans, members of the Board were concerned with the appearance of the side of the addition and asked that the architect revise the plans to create a more appealing structure. The application was adjourned to the July 26, 2005 meeting. ADJOURNMENT On a motion made by Mr. Gunther, seconded by Mr. Baron, the meeting was unanimously adjourned at 8:45 p.m. Daniela Gerardi Zoning Board Secretary