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HomeMy WebLinkAbout2005_11_30 Zoning Board of Appeals Minutes d ,'--, Town of Mamaroneck 18 Zoning Board of Appeals • MIMED 1451 • TOWN OF MAMARONECK ZONING BOARD OF APPEALS MINUTES NOVEMBER 30, 2005 Present: Thomas E. Gunther, Chairman Frederick Baron Irene D. O'Neill Arthur Wexler Linda S. Harrington Also Present: Robert S. Davis, Counsel Ronald A. Carpaneto, Director of Building Taina Zambrano, Public Stenographer Carbone &Associates, LTD 111 N. Central Park Avenue Hartsdale, New York 10530 Daniela Gerardi, Recording Secretary 1. Duane Reade The applicant requested the application be adjourned to the next meeting on January 4, 2005. The Board made a motion to request that the applicant be present at the next meeting or be removed from the agenda. 2. Seigel Joseph Marrow (applicant's architect) approached the Board and stated the applicant is requesting to enlarge the kitchen on the first floor and add a bedroom on the second floor. Mr. Marrow continued to say the new owners, a young family with one child and another expected require additional space for today's lifestyle-specifically a kitchen/great room in lieu of a small inadequate kitchen, a laundry room, and an additional bedroom and 2nd bathroom on the 2nd floor. Donald Torey (54 Shledrake resident) approached the Board and stated his concerns regarding water drainage. Patricia Dunne (7 Hudson Place resident)stated to the Board that she opposed granting a variance because she does not want a two-story structure that extends closer to her property than that which is granted by present law. She continued to say properties in her neighborhood are closely situated with few exceptions. She also said her own home has little space on either side (a mere 6 feet per side), however, her rear yard is spacious and makes up for the narrowness of her property. She avowed to grant this variance will permanently change the view and character of her property. She also stated she is concerned with the construction/foundation process and if construction will de-stabilize the natural rock around her property or damage her property. Board member Arthur Wexler suggested changing the side yard from 7.3 to 8.3 and the total side yard from 18.3 to 20.3. 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 the community or surrounding properties and granted the variance. Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 2 of 12 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 November 30, 2005. CASE NO. 2694—SEIGEL After review, on motion of Mr. Gunther, seconded by Ms. Harrington, 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 Ms. Harrington, the following resolution was ADOPTED: WHEREAS, William Seigel submitted an application to the Building Inspector, together with plans to construct a two-story rear addition on the premises located at 52 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221, Lot 412. The addition as proposed has a rear yard of 17 feet where 25 feet is required pursuant to Section 240- 37B(3), has a side yard of 8.3 feet where 10 feet is required pursuant to Section 240-37B(2)(a), has a total side yard of 20.3 feet where 25 feet is required pursuant to Section 240-37B(2)(b) 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(3), Section 240-37B(2)(a), Section 240-37B(2)(b) and Section 240-69; and WHEREAS, William Seigel 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 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 the area variance: The proposed construction is designed to compliment the existing structure. The addition will provide additional space for today's lifestyle. The proposed construction will not result in any change in the character of the neighborhood. The scale of the structure will continue to be appropriate within the context of the neighboring residences. Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 3 of 12 B. Whether the benefit sought by the applicants can be achieved by some method feasible to the applicants other than an area variance: By constructing the addition, the applicant will be enlarging the kitchen/great room and adding a bedroom on the second floor. The existing structure presently extends into the required side yard setbacks on both sides, as well as the required rear yard setback. Adding to the house in any other location will increase the extent of nonconformity. Furthermore, this is the most practical location for this construction, within the boundaries of the existing structure. It allows for the addition of the desired space without significantly altering the appearance or the mass of the house. There is no other method by which the applicant may feasibly achieve the desired benefit, other than an area variance. C. Whether the area variance is substantial: The rear lot is irregular with a 20' plus offset creating an average setback from the rear lot line of approximately 25-feet. Because there is a minimal change in the lot coverage, the Board believes the requested area variance is not substantial. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district: The addition will not have appreciable effect or impact on the physical or environmental conditions in the neighborhood or district. It will cause minimal additional runoff. E. Whether the difficulty is self-created: The difficulty was not self created. Because of the size of the property and the siting of the house it will not be possible to add space to the structure without building in the required setbacks. 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. 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. Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 4 of 12 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. 3. Smith James Fleming (applicant's architect)approached the Board and stated the applicant's request to construct an entry portico over existing entry door. Mr. Fleming continued to say the portico is a practical entry structure to provide shelter, protect landing from ice and snow and will be an attractive feature on the house. 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 the 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 November 30, 2005. CASE NO. 2695—SMITH After review, on motion of Mr. Gunther, seconded by Ms. Harrington, 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 Ms. Harrington, seconded by Mr. Baron, the following resolution was ADOPTED: WHEREAS, Janet and Jeff Smith submitted an application to the Building Inspector, together with plans to construct an entry portico on the premises located at 86 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117, Lot 183. The portico as proposed has a front yard of 28 feet where 30 feet is required pursuant to Section 240-38 B.(1)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 240-38 B.(1); and WHEREAS, Janet and Jeff Smith 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 November 30, 2005 Page 5 of 12 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 the area variance: The addition of the portico will enhance the appearance of the front of the home. As it is now the home has a flat appearance in the front and the portico will add rather than detract from its appearance as well as providing protection for the owners from bad weather and the elements. B. Whether the benefit sought by the applicants can be achieved by some method feasible to the applicants other than an area variance: The entry portico is a practical entry structure to provide shelter, protect landing from ice and snow and will be an attractive feature on the house. There is no other method by which the applicant may feasibly achieve the desired benefit, other than an area variance. C. Whether the area variance is substantial: Because there is a minimal change in the lot coverage, the Board believes the requested area variance is not substantial. The house is already set back from the street. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district: The addition will not have appreciable effect or impact on the physical or environmental conditions in the neighborhood or district. It will cause minimal additional runoff.As we have had no communications from the surrounding neighbors there appears that they have noted no adverse impact on the surrounding neighborhood or area. E. Whether the difficulty is self-created: While this is a self-created difficulty, it is not an unreasonable request and should not have a negative impact on the granting of this variance. 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. NOW, THEREFORE, BE IT Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 6 of 12 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. 4. Shkreli Joel Negrin (applicant's attorney) approached the Board and stated the applicant's request to construct a two-story addition creating three apartments. Mr. Negrin continued to say the property was reviewed by an appraisal company. Mr. Negrin avowed the appraisal company claimed that this development would not be a sensible economic investment, and more pertinent to this application, there would be no economic benefit to the owner of the property. The Board stated that no variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. The Board also stated that in order to prove such unnecessary hardship the applicant shall demonstrate to the Board that for each and every permitted use under zoning regulations for the particular district where the property is located, 1) the applicant cannot realize a reasonable return, provided the lack of return is substantial as demonstrated by competent financial evidence; 2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; 3) that the requested use variance, if granted will not alter the essential character of the neighborhood; and 4) that the alleged hardship has not been self created." The Board agreed to adjourn this application to the January 4, 2005 meeting. 5. Martinez Diane Blum (applicant's architect)stated to the Board the applicant's request to construct a one- story family room, kitchen and dining room addition, remove existing screened porch and kitchen shed addition, extend existing 2nd floor bedrooms to attain full headroom, alter existing bathrooms, and add 1st floor powder room. Ms. Blum continued to say the 1st and 2nd floor additions will be in keeping with the original architectural character of the residence and its neighbors. 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 the 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 November 30, 2005. Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 7 of 12 CASE NO. 2697— MARTINEZ 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 Ms. O'Neill, seconded by Mr. Wexler, the following resolution was ADOPTED: WHEREAS, Melissa and Ricardo Martinez submitted an application to the Building Inspector, together with plans to construct a one-story addition and second floor dormer on the premises located at 2 West Valley Stream Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220, Lot 1. The one story addition as proposed has a front yard of 24 feet where 30 feet is required pursuant to Section 240-37 B(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-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 240-37 B(1) and Section 240-69; and WHEREAS, Melissa and Ricardo Martinez 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 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 the area variance: The 1st and 2nd floor additions will be in keeping with the original architectural character of the residence and its neighbors. B. Whether the benefit sought by the applicants can be achieved by some method feasible to the applicants other than an area variance: The benefit sought by the applicant cannot be achieved by some other method feasible to the applicant other than area variances. C. Whether the area variance is substantial: The area variances sought are the minimum necessary to achieve the applicant's goals. The area variance sought are minor in nature, 49sf and 3.5sf total. The lot coverage will increase from 26.1% to 29.6%, therefore, the Board does not find the area variance to be substantial. Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 8 of 12 D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district: The proposed area variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The proposed total area of the residence is well below the limits of lot coverage and floor area ratio even though the subject property is substandard in area. E. Whether the difficulty is self-created: The alleged difficulty results from the existing residence being built closer to the front property line than is currently permitted and was not self-created. There is an unnecessary hardship and practical difficulty created by the location of the existing residence on the lot making an addition to the northeast difficult. 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. 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. 6. Noyer Rick Yestadt (applicant's architect) approached the Board and stated the applicant's proposal to replace an existing deck. Board member Arthur Wexler questioned the plot plan that was submitted with the application saying the plot plan shows the property having two front yards and a rear yard. Mr. Wexler stated the plot plan should be corrected with the property having two front yards and a side yard. Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 9 of 12 Mary English (324 Weaver Street resident)stated to the Board that she opposed the decision to change the plot plan. Ms. English continued to say she feels the deck is too close to her property and she will lose her privacy when she is in her kitchen. The Board adopted a motion to declare the property as having two front yards and a side yard, therefore, a variance is not required. 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 November 30, 2005. CASE NO. 2699— NOYER After review, on motion of Mr. Gunther, seconded by Ms. Harrington, the following resolution was unanimously adopted, 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 Mr. Gunther, seconded by Ms. Harrington, the following resolution was ADOPTED: WHEREAS, the Board has received an application from Charles Noyer requesting a variance to construct a deck on the premises located at 334 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218, Lot 273; and WHEREAS, the application was premised on a determination by the Building Inspector that the deck as proposed had a rear yard of 17.9 feet where 25 feet was required pursuant to Section 240-37B(3)(a), and further that the addition would increase 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 had 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(3)(a) and Section 240-69, as more fully set forth in the preceding paragraph hereof; and WHEREAS, Charles Noyer 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 has adopted a motion reflecting its determination that the property has two front yards and a side yard, so that no variance is required, and has returned the application to the Director of Buildings for appropriate action consistent with that determination. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. 7. Cohen Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 10 of 12 Rick Yestadt (applicant's architect)stated to the Board the applicant is requesting to construct a new one-family residence. Mr. Yestadt continued to say they will construct a two-story house that will occupy 35% of the lot. Many residents stated their concerns about the size of the house, the quality of life during construction, how a driveway will be constructed, and that the house will be built on a hill looking down onto their properties. The Board agreed to adjourn this application to the January 4, 2005 meeting. 8. Gular Scott (ALM Heating &Air Conditioning Inc., on behalf of the applicant)stated to the Board the applicant is requesting to install two central air conditioning condensing units. He continued to say the units would be placed at the furthest possible distance from the property line in the rear, and the only feasible location on the property. He also said the adjacent property owners have signed letters stating they have no objection and there is no negative impact to the placement of the units in this location. 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 the community or surrounding properties and granted the variance (see certification for details). 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 November 30, 2005. CASE NO. 2702—GULAR After review, on motion of Mr. Gunther, seconded by Ms. Harrington, 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. Harrington, the following resolution was ADOPTED: WHEREAS, Enrique Gular submitted an application to the Building Inspector, together with plans to install two central air conditioning condensing units on the premises located at 33 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116, Lot 281. The central air conditioning condensing units as proposed have a rear yard of 16 feet where 25 feet is required pursuant to Section 240-38 B.(3)for central air conditioning condensing units 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 240-38 B.(3); and WHEREAS, Enrique Gular 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 Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 11 of 12 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 the area variance: The proposed location of the condensing units is at the furthest possible distance from the property line in the rear and the only feasible location on the property — which is also the least intrusive location, far from visibility and noise creation regarding all neighbors, therefore, it will not produce an undesirable change in the character of the neighborhood. B. Whether the benefit sought by the applicants can be achieved by some method feasible to the applicants other than an area variance: The benefit sought by the applicant cannot be achieved by some other method feasible to the applicant other than an area variance because of the positioning of the house on the property. C. Whether the area variance is substantial: The area variances sought are the minimum necessary to achieve the applicant's goals and relatively small in comparison to the entire lot layout; therefore, the Board does not find the area variance to be substantial. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district: The proposed area variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood because of the type of unit being installed and their physical placement. E. Whether the difficulty is self-created: The Board feels the difficulty was not self-created but was created by the original placement of the house on the property. 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. NOW, THEREFORE, BE IT Town of Mamaroneck Zoning Board Minutes November 30, 2005 Page 12 of 12 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. Adjournment Daniela Gerardi Secretary to Zoning Board