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HomeMy WebLinkAbout2007_10_25 Zoning Board of Appeals Minutes Minutes 10/25/07 page 1 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK OCTOBER 25,2007,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: Kevin G.Ryan, Counsel Ronald A. Carpaneto,Director of Building Absent: Ronald Meister Nancy Seligson,Liaison Wanda Spevedula,Public Stenographer Carbone&Associates,LTD 111 N. Central Park Avenue Hartsdale,New York 10530 Francine M.Brill,Recording Secretary CALL TO ORDER APPROVAL OF MINUTES Postponed to the end of the meeting APPLICATION NO.1—CASE NO.2791 GENSBERG Jacob Goldberg Applicant's architect appeared and addressed the Board and presented the requested planting plan. Mr. Goldberg stated that his clients were willing to plant one or two trees,4-5 inches in diameter and approximately 15 feet high. They would also plant low plants on the side of the garage and higher plants in front of the link between the house and garage. The Board requested that the applicant plant both trees. The Board discussed the application and its findings revealed that there were little or no adverse impacts on the neighborhood or community and there fore voted as follows: On motion of Arthur Wexler seconded by Linda Harrington the hearing was closed,unanimously 4-0 After review on Motion of Mr.Wexler 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,and seconded by Ms. O'Neill,the following resolution was ADOPTED: WHEREAS,Robin and Will Gensberg have submitted an application to the Building Inspector, together with plans to construct a mud room and attached garage on the premises located at 74 East Brookside Drive and known on the Tax Assessment Map of the Town Of Mamaroneck as Block 212 Lot Minutes 10/25/07 page 2 129, The garage as proposed has a front yard of 16 feet 1 inch where 30 feet is required pursuant to Section 37B(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 240-37B(1)and 240-69; and WHEREAS,Robin and Will Gensberg 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 finds that there will be no undesirable change to the character of the neighborhood. With the screening and ground cover in front of the link from the house to the garage the effect of the addition will be minimized. 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 there is no reasonable alternative as the property is already nonconforming. The applicant has lessened his request and has agreed to a planting and landscaping plan that the Board requested.. C. Whether the area variance is substantial: The Board finds that the variance while substantial it is the minimum amount to allow the applicant to achieve their needs. 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 the variance will have no adverse impact on the physical or environmental conditions of the neighborhood. With the planting of the two additional trees and the dry wells E. Whether the difficulty is self-created: The Board finds that this difficulty although self-created as the garage exists on the property it is cumbersome to use as a garage. Given the location of the house,utility pole and the corner of the property any other location would be difficult to achieve their goal. Minutes 10/25/07 page 3 2. 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.. 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,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.2—CASE NO. 2795 RECK 127 Laurel Avenue Michael Csenge Applicant's architect appeared and addressed the Board. Mr. Csenge stated that the applicants want to enlarge what is essentially an entrance to the rear of the house to a usable space. The deck they are planning would be 9X18 feet with the stairs on the side encroaching a bit further into the rear set back than what is presently there. The Board discussed the application and realized that the Application was not noticed properly. The Board continued to discuss the application and asked if the Applicant could rethink there request to mitigate the impact on the rear neighbor. Jeff Philips of 128 Laurel stated that he is against the deck being moved to the side of the house as he could see it from his windows. On motion of Arthur Wexler, seconded by Fred Baron the matter was adjourned to the November 28,2007 meeting. MINUTES The minutes of July 25,2007,on motion of Linda Harrington, seconded by Arthur Wexler were approved unanimously 4-0. The minutes of September 5,2007,on motion of Arthur Wexler, seconded by Irene O'Neill were approved unanimously 4-0. Minutes 10/25/07 page 4 The minutes of September 25,2007,on motion of Frederick Baron, seconded by Arthur Wexler were approved unanimously 4-0. ADJOURNMENT On motion of Arthur Wexler, seconded by Frederick Baron the meeting was adjourned.. Francine M.Brill Recording Secretary