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HomeMy WebLinkAbout2006_11_15 Zoning Board of Appeals Minutes TOWN OF MAMARONECK ZONING BOARD OF APPEALS MINUTES November 15, 2006 Present: Thomas E. Gunther, Chairman Frederick Baron Irene D. O'Neill Arthur Wexler Absent: Linda Harrington Also Present: Laurence Horvath, Counsel Ronald A. Carpaneto, Director of Building Denise Carbone, Public Stenographer Carbone &Associates, LTD 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary CALL TO ORDER 7:45 PM APPLICATION 1 CASE # 2753 Philogene Dieuseul Philogene appeared and addressed the Board. Mr. Philogene stated that he was requesting a variance to have indoor seating because he was losing customers who wanted to sit down rather than pick up take out. Joseph Albanese General Manager of High Tech Carwash at 2434 Boston Post Road appeared and addressed the Board. Mr. Albanese stated that he would be willing to accommodate the parking needs of the Mighty Café as he already sends some of his customers to the Café while they are waiting for there cars to be finished. The Board discussed this application, and its findings revealed that there were little or no adverse impacts on the neighborhood or community and therefore voted as follows: Record of Vote Board Members Yes/No/Abstained Thomas E. Gunther, Chairman Yes Frederick Baron Yes Irene D. O'Neill Yes Arthur Wexler Yes After review on motion of Mr. Gunther seconded Ms. O'Neill, 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, Dieuseul Philogene, has submitted an application to the Building Inspector, together with plans to have indoor seating for 10 persons and permission for 4 off site parking spaces within 500 feet of the present use on the premises located at 2423 Boston Post Road and known on the Tax Assessment Map of the Town Of Mamaroneck as Block 505 Lot 463, 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 240-78A (Type of Use and Minimum Requirements) and 240-79A; and WHEREAS, Dieuseul Philogene 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 Board feels that in this application no undesirable change will be made to the character of the neighborhood or detriment to nearby properties. The four parking spaces will be provided at High Tech Carwash and not be on 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 sees no reasonable alternative. No parking spaces are allowed on the premises of the restaurant to solve the 4 space parking question, and this is the closest proximity to the establishment to achieve there goal. C. Whether the area variance is substantial: The 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 variance will have no adverse impact on the physical or environmental conditions of the neighborhood. It will have 0 change a restaurant has been in this location for at least 15 years there will be no more pollution, or oil runoff as a result of the E. Whether the difficulty is self-created: The difficulty is not self-created; The difficulties have always been there. 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. The owner will indicate with a sign in the Café window visible from the street that parking is available across the street at the High Tech Carwash. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. APPLICATION NO. 2 CASE NO. 2754 HAAS Robert Keller applicant's architect appeared and addressed the Board. He stated that the applicants are proposing an expansion to the right side of the house. The house is set back on a large piece of property on a higher elevation than the surrounding properties. Originally the house's front entrance was what is now the back of the house. Joanne Nadler of 24 Crescent Road addressed the Board. Ms. Nadler questioned why a zoning variance would be requested when there seems to be other alternatives that would not require a variance. 72 Briarcliff is on a higher elevation making it seem very imposing from her home. Judith Kandler of 139 Valley Stream West addressed the Board stating she was opposed to the granting of the variance. Nancy Hardart of 26 Crescent Road also stated she was against the granting of the variance. The Chairman explained that the Board is required to look for alternatives or to grant the smallest variance possible. The Board discussed this application, and asked if the architect could come back with a new set of plans showing topography, with a design having less of an impact on the neighbors Robert Keller asked to adjourn to the next meeting so he and his clients can revise the plans. MINUTES The minutes of 10/25/06, were approved 4-0 MEETING ADJOURNED Meeting adjourned 9:00 pm. Francine M. Brill Zoning Board Secretary