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HomeMy WebLinkAbout2014_01_22 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK JANUARY 22,2014 APPROVAL OF MINUTES APPLICATION NO. 1 CASE NO. 2921 Michael Charitou ("Maphyan Holding LLC") Application of Michael Charitou ("Maphyan Holding LLC") requesting a variance to construct a common driveway on the premises located at 529 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106, Lot 163. APPLICATION NO. 2 CASE NO. 2953 Russell Hodge Application of Russell Hodge requesting a variance to install 2 central air conditioning condenser units on the premises located at 100 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118, Lot 287. Roll Call. Present:Arthur Wexler, Chairman, Irene O'Neill, Seth Marcus,Jeffery King, Evan Simpson, Also Present: Ronald A. Carpaneto, Building Inspector, Kevin G. Ryan, Counsel Absent/Excused: Lisa Hochman, Counsel, Ernest Odierna,Town Board Liaison. CALL TO ORDER The meeting was called to order at 7:55P.M. APPLICATION NO. 1 CASE NO. 529 WEAVER STREET continuation The Applicant is proposing a two lot subdivision at 529 Weaver Street and needs a variance to create a common driveway that would serve the two homes. A portion of the common driveway would have a 0 foot setback where 5 feet is required pursuant to Section 240-79B for a driveway in the R-15 Zoning District. Mr. Charitou addressed the Board, stating the driveway connects both properties and the extension on lot 2 would make it easier backing out, but is not necessary. The Board discussed the extension area and decided to limit the variance to only the hatched area shown on the plan that connects the two driveways. Mr. King stated he would like to see a corrected drawing, Mr. Ryan stated that in order for Mr. Charitou to receive a permit he would have to correct the plan and submit it to the Building Department. 1 Motion: To close the public hearing Action:Approved Moved by:Arthur Wexler, Chairman, Seconded by: Irene O'Neill. Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Evan Simpson, Irene O'Neill,Jeffery King, Seth Marcus. Motion: To approve the requested variance Action:Approved Moved by Seth Marcus, seconded by Irene O'Neill Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Evan Simpson, Irene O'Neill,Jeffery King, Seth Marcus. The notice of disapproval was read into the record. After review, on motion of Mr. Marcus, seconded by Ms. O'Neill the following resolution was proposed and ADOPTED unanimously(5-0). Ayes: Wexler, King, Marcus, O'Neill, Simpson Nays: None WHEREAS, Michael Charitou on behalf of Maphyan Holding LLC, requested a variance to construct a common driveway that will service two homes of an approved 2 lot subdivision located at 529 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106, Lot 163. WHEREAS,the Building Director 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 Sections 240-79B, WHEREAS,the applicant requested a variance to permit the construction of a common driveway to serve an approved two lot subdivision at 529 Weaver Street. WHEREAS,the specific area variance requested would allow the paving of continuous portions of the common driveway on Lot No. 1 and Lot No. 2, such that the driveway at this location would have 0 foot setbacks on each lot where 5 feet is required pursuant to Section 240-79B for a driveway in the R- 15 Zoning District, all as shown in the metes and bounds detail which appears in the upper right hand corner of the approved subdivision plat(the "Subdivision Plat"), stamped "Received" by the Building Department December 14, 2013, as well as in the hatched area shown on the plat itself. WHEREAS,the Board 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 public hearing thereon. 2 WHEREAS,this is a Type II action having no significant impact on the environment pursuant to 6NYCRR§617 et, seq. and, accordingly, no further action under SEQRA is required; 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 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 detriment to nearby properties will be created by granting of the variance. The Board finds that there will be no undesirable change or detriment to nearby properties. In so finding,we note that the variance is logically unavoidable with the creation of a common driveway and that the common driveway in this case will actually have a benefit to the neighborhood by allowing better and safer access to the Weaver Street than would be possible with two separate driveways. B. Whether the benefit sought by the applicant can be achieved by some method feasible to the applicants other than an area variance. The Board finds that there is no other feasible method to achieving the benefit of a common driveway without a variance because a common driveway necessarily and by definition will involve zero setbacks at the point where the driveway crosses from one lot to the next. As noted, above the construction of two separate driveways without need for a variance would be less safe and therefore would not achieve the applicant's goals. C. Whether the area variance is substantial. The Board finds that the variance is not substantial. The size of variance is minimal compared to the overall size of the plots. It is approximately 100 square feet out of a total of approximately 50,000 square feet comprising the two lots. In addition, it should be noted that the variance is for a paved area and not for a structure. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds that it will not have any adverse impact. Once again this is a construction of a driveway, not a structure. There will actually be a benefit in terms of better traffic access to Weaver Street from the two lots. There should not be any significant adverse impact with regard to runoff; in fact, one driveway will involve less impervious surface and stormwater runoff than two driveways would. E. Whether the difficulty is self-created. 3 The Board finds that the difficulty is self-created, but that this factor is not determinative under the circumstances presented. 2. For the reasons stated above, the granting of this variance is in harmony with the general purposes and intent of the Town of Mamaroneck Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 3. For 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,THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: GENERAL 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 as agreed to by the Applicant. 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, including the Board's requirement that construction plans shall indicate curbing on Lot 2 along a line due west and continuous with the southern border of the area of the variance as shown on the Subdivision Plat and as described above. 3. The Applicant shall obtain a building permit within (6) months of the filing of the Resolution. 4. The Building permit shall be void if construction is not started within (6) months. 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. APPLICATION NO. 2 CASE NO. 100 North Chatsworth Ave. continuation Russell Hodge,the applicant, addressed the Board, stating that, as requested by the Board he revised the proposed location of the air conditioning condenser units moving them forward towards the front of the house on the plan contained in the application package received by the Building Department on December 14, 2013. Specifically,the applicant presented a hand-drawn plan, marked received by the Building Department on December 14, 2013, showing the proposed location of the units to be closer to 4 the front of the house than the original proposed locations, such that unit 1 would have a side yard setback of 7 feet and unit 2 would have a side yard setback of 6.5 feet. Mr. Hodge entered 3 letters from neighbors in favor of the placement into the record marked Exhibit 1. The Board discussed that placement of the units and how far the units must be from the structure to allow for servicing. Motion:To close the public hearing Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Irene O'Neill. Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Evan Simpson, Irene O'Neill,Jeffery King, Seth Marcus. Motion:To approve the requested variance Action:Approved Moved by Evan Simpson, seconded by Irene O'Neill Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Evan Simpson, Irene O'Neill,Jeffery King, Seth Marcus. After review, on motion of Mr. Simpson, seconded by Ms. O'Neill the following resolution was proposed and ADOPTED unanimously(5-0). Ayes: Wexler, Baron, Meister, Marcus, Simpson Nays: None WHEREAS, Russell Hodge, requested a variance to install 2 central air conditioning condenser units located at 100 North Chatsworth and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118, Lot 287. WHEREAS,the Building Director declined to issue such permit on the grounds that the units would violate required the side yard setbacks for the R-10 Zoning District in which the applicant's property is located and more particularly that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 240-38B.(2)(a), WHEREAS,the applicant submitted an application for a variance to this Board for reasons set forth in such application. WHEREAS,the Board 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 public hearing thereon. WHEREAS,this is a Type II action having no significant impact on the environment pursuant to 6NYCRR§617 et, seq. and, accordingly, no further action under SEQRA is required; and 5 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 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 detriment to nearby properties will be created by granting of the variance. The Board finds that the neighborhood currently has several air conditioning units and these are modern efficient air conditioning units will be quieter than the existing units at neighboring properties. B. Whether the benefit sought by the applicant can be achieved by some method feasible to the applicants other than an area variance. The Board finds that the applicant cannot achieve the goal of installing central air conditioning without the requested variance. At the request of the Board, in order to reduce the amount of variance requested the Applicant has proposed to move the units closer to the front of the house along the same yard. Installation of the units at other, as-of-right locations would be more unsightly than the proposed location. In particular, placement of the units in the front yard would be an adverse visual impact. C. Whether the area variance is substantial. Although the proposed location of the units would place them 6.5 feet and 7 feet from the property line where a 10-foot setback is required, at 2 X 2 X 2 feet the units are very small and would thus occupy a very small percentage of area given the size of the lot. Significantly, on the side where the units would be located,the rear of the house itself encroaches into the setback to a greater degree than the setback variance sought for the units. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds the units will not have an adverse impact for several reasons. First,the proposed units will be more efficient and less noisy then the current 5 window units serving the home. The closest neighbor's garage is 35 feet from the units,that neighbor's home is more than 50 feet from the units. The units will be screened by shrubbery. Also,the home owners most impacted submitted letters in support of the application. E. Whether the difficulty is self-created. 6 The Board finds that the difficulty is self-created, but that this factor is not determinative under the circumstances presented. 2. For the reasons stated above, the granting of this variance is in harmony with the general purposes and intent of the Town of Mamaroneck Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 3. For 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,THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: GENERAL 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 as agreed to by the Applicant. 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, including plans showing setbacks not less than those described above and depicted on the hand-drawn plans submitted by the applicant and stamped received by the Building Department on December 14, 2013. 3. The Applicant shall obtain a building permit within (6) months of the filing of the Resolution. 4. The Building permit shall be void if construction is not started within (6) months. 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 Motion:To approve the minutes of December 4, 2013 with technical corrections Action:Approved Moved by Jeffery King, seconded by Irene O'Neill Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Evan Simpson, Irene O'Neill,Jeffery King, Seth Marcus. 7 ADJOURNMENT Motion:To adjourn the meeting at 8:51P.M. Action:Approved Moved by Jeffery King,Seconded by Irene O'Neill. Minutes prepared by Francine M. Brill Zoning Board of Appeals Secretary 8