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HomeMy WebLinkAbout2010_12_15 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK DECEMBER 15, 2010 IN CONFERENCE ROOM C, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Application no. 1 Case No. 2878 Ms. Carolyn Salafia and Mr. Jeff Dalton Application of Carolyn Salafia and Jeff Dalton requesting a variance to construct a one story entrance vestibule on the premises located at 93 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Lot 330. Application No. 2 Case No. 2879 Mr. and Mrs. Steven Circelli Application of Mr. and Mrs. Circelli requesting a variance to construct a second floor addition over the existing footprint on the premises located at 9 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409, Lot 613. lotm Roll Call. Present: Arthur Wexler, Frederick Baron, Robert Viner, Seth Marcus, Alternate. Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel Absent/Excused: Irene O'Neill, Ronald Meister. CALL TO ORDER A motion was made to open the public hearing at 7:50p.m. Application No. 1 Case No. 2876 lotm Motion: To open the public hearing Action: Approved Moved by Arthur Wexler, Seconded by Frederick Baron. lotm Vote: Motion passed (summary: Yes = 4, No = 0, Abstain= 2). Yes: Arthur Wexler, Frederick Baron, Robert Viner, Seth Marcus. Absent: Irene O'Neill, Ronald Meister. Mr. Dalton, the applicant, addressed the Board requesting an addition that would provide a front door visible from the street as there is none now. He stated that there is an existing foundation wall upon which the addition would be built. The foundation wall is presently in the side yard setback, which is why they are asking for a variance. The Board discussed the orientation of the house, the proposed addition and the impact on the neighborhood. Mr. Dalton stated that the most impacted neighbor wrote a letter in support of the addition and the letter was entered into the record Ms. Salafia stated that she will plant shrubs to screen the neighbors' view and that she would like the house to look like the other houses on the street. OvIN Motion: To close the Public Hearing Action: Approved Moved by Arthur Wexler, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4, Absent =2). Yes: Arthur Wexler, Robert Viner, Frederick Baron, Seth Marcus. Absent: Irene O'Neill, Ronald Meister. Motion: To approve the requested variance Action: Approved Moved by Frederick Baron, Seconded by Robert Viner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4, Absent 2). Yes: Arthur Wexler, Robert Viner, Frederick Baron, Seth Marcus. Absent: Irene O'Neill, Ronald Meister. After review, on motion of Mr. Baron, seconded by Mr. Viner the following resolution was proposed and ADOPTED Ayes: Wexler, Nays: None Absent: O'Neill, Meister WHEREAS, Carolyn Salafia, and Jeff Dalton (the "Applicant") requested a variance to construct a one story entrance vestibule on the premises located at 93 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Lot 330. WHEREAS, the Building Inspector declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance (the "Zoning Ordinance") with particular reference to Section 240-39B(2)(a). WHEREAS, the Applicant submitted an application for a variance to this Board or reasons set forth in such application in such application. WHEREAS, the Board has examined the plans, inspected the site, reviewed the application and heard all persons interested in this application after publication of a notice thereof and a public hearing hereon; 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 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. 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 the change will be barely visible from the street and notes that the neighbor on the side that is most impacted does not object to the application. 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 their goal without turning the house 90 degrees, which is not a reasonable alternative. Also, the distance from the house to the side line of the property necessitates a variance. C. Whether the area variance is substantial: The Board finds that the variance is not substantial because it is only a two-foot intrusion into the side yard setback, resulting in a total increase of less than 18 square feet. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood: The Board finds that the proposed addition will not result in any additional noise, light or runoff and, therefore, will not have an adverse impact on the physical or environmental conditions of the neighborhood. E. Whether the difficulty is self created: The Board finds that although this difficulty is self-created because the Applicant purchased the house with awareness of this condition, this factor is not determinative. . 2. For 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 neighbor 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: 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 and as agreed to by the applicant. 2. The applicant shall submit plans reflecting any conditions or modifications as above for review and approval of the Director of Building prior to the granting of the building permit. 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 six (6) months and completed within (2) years of the date of said permit. 5. Construction shall be in compliance with the plans submitted in connection with this application, as conditioned or modified pursuant to direction of the Board. 6. The drawings shall be corrected to show the steps required to get into the house from the existing terrace on Plans Al, 2 and 3. 7. The on-grade paved areas indicated on the drawings Al and A2 shall be eliminated from the plans that are being presented to the Building Department for review. This decision shall be filed with the Town Clerk as provided as provided in Section 267- a(2) of the Town Law. Application No. 2 Case No. 2879 Mr. and Mrs. Circelli ovm Motion: To open the public hearing Action: Approved Moved by Seth Marcus, Seconded by Robert Viner. ovm Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Arthur Wexler, Frederick Baron, Robert Viner, Seth Marcus. Absent: Irene O'Neill, Ronald Meister. Mike Csenge, the applicant's architect, addressed the Board stating that they are requesting a variance for a second floor addition and there will be no addition to the foot print or increase in impervious surface. Mr. Csenge entered into the record a letter signed by four neighbors in favor of the proposal; marked exhibit 1. The Board discussed the application. Mr. Baron stated that the addition would loom over the neighborhood as the house is built on a rise. Mr. Wexler asked if there is a way to pull the addition back to lessen the impact because although it is a small increase in footage it is visually significant. Mr. Viner also expressed his concern with the visual impact. Mr. Csenge requested an adjournment stating that he will return with a plan addressing the Board members' concerns as well as photos. IVa Motion: To adjourn the matter to January 12, 2010 Action: Adjourned Moved by Arthur Wexler, Seconded by Robert Viner. ovm Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Arthur Wexler, Frederick Baron, Robert Viner, Seth Marcus. Absent: Irene O'Neill, Ronald Meister. MINUTES The minutes were laid over to the January meeting. NEW BUSINESS Mr. Wexler welcomed Seth Marcus as the alternative member to the Board and wished everyone a happy and healthy holiday season. ADJOURNMENT IVa Motion: To adjourn the meeting at 8:34 p.m. Action: Adjourned Moved by Frederick Baron, Seconded by Arthur Wexler. Minutes Prepared by Francine M. Brill Zoning Board of Appeals Secretary