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HomeMy WebLinkAbout2010_04_28 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK APRIL 28, 2010 IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK AGENDA: APPLICATION NO. 1 CASE NO. 2860 JEFF ROSENZEIG (adjourned 3/24/2010) ADJOURNED Application of Jeff Rosenzweig requesting a variance to legalize an existing gravel parking space on the premises located at 150 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213, Lot 130. APPLICATION NO.2 CASE NO. 2861 ROBERT AND RENEE BRISSETTE Application of Robert and Renee Brissette requesting a variance to construct a landing and stairs to grade at the rear of the house on the premises located at 42 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123, Lot 446. APPLICATION NO.3 CASE NO. 2862 SCOTT SPIELBERGER Application of Scott Spielberger requesting a variance to legalize a central air conditioning condenser unit on the premises located t 4 Hillside Road and known on the Tax assessment Map of the Town of Mamaroneck as Block 128, Lot 130. CALL TO ORDER The meeting was called to order at 7:50 p.m. Roll Call. Present: Arthur Wexler, Frederick Baron, Irene O'Neill, Ronald Meister, Robert Viner, Ronald Carpaneto, Director of Building (Not voting), David Fishman, Liaison (Not voting), Kevin G. Ryan, Counsel (Not voting). APPLICATION NO. 1 CASE NO. 2860 JEFF ROSENZEIG (adjourned 3/24/2010) 150 East Garden Road ADJOURNED No one appeared before the Board and the application was adjourned. APPLICATION NO. 3 CASE NO. 2862 SCOTT SPIELBERGER 42 HillsideRoad Motion: To open the Public Hearing, Action: Approved, Moved by Arthur Wexler, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Arthur Wexler, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. Rui Pedrosa, of Innovative air solution appeared and addressed the Board. Scott Spielberger, the applicant, stated that he wants to legalize a condenser unit that is in the required side yard. Mr. Pedrosa stated that the unit was installed in May 2007.Mr. Pedrosa stated that the DBA level is 79. Mr. Spielberger stated that they have installed a damper jacket to reduce the noise emanating from the unit. Mr. Pedrosa stated the side of the house is the ideal place for the best performance of the units. Mr. Wexler suggested the line could go straight in from the front of the house, without requiring a variance. The size and shape and placement of the unit were discussed. Alternative locations were discussed. Mr. Wexler stated he wants more information about the noise and the damping jacket. The applicant agreed to return with the information. Mr. Meister stated that the company should think about a quieter unit. Different units and systems were discussed. Mr. Spielberger asked if the Board could give him some guidance. Mr. Wexler asked for a decibel level about 60 and asked that the company provide proof that the decrease in output is 15%. Mr. Spielberger requested an adjournment. Motion: To adjourn the matter to May 26, 2010 Action: Adjourned Moved by Arthur Wexler, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Arthur Wexler, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. APPLICATION NO. 2 CASE NO. 2861 ROBERT AND RENEE BRISSETTE 42 Hillcrest Avenue Motion: To open Public Hearing Action: Approved Moved by Arthur Wexler, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Arthur Wexler, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. Mr. Brissette, the applicant, appeared and addressed the Board requesting a landing at the rear of his house. They are planning a kitchen renovation, eliminating a side entrance and relocating it to the rear. A landing and steps are required because the elevation will be higher. The setback measurement was discussed. A pre construction survey was recommended. Lot coverage was discussed, and Mr. Brissette stated that they are removing the side landing and putting in grass. The Board discussed the zoning analysis. Motion: To close the Public Hearing Action: Approved Moved by Frederick Baron, Seconded by Arthur Wexler. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Arthur Wexler, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. Motion: To approve the construction of a landing and stairs to grade in the rear of the house. Action: Approved Moved by Irene O'Neill, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Arthur Wexler, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. After review, on motion of Mr. Wexler, seconded by Mr. Baron the following resolution was proposed and ADOPTED unanimously, 5-0 Ayes: Baron, Wexler, O'Neill, Meister, Viner Nays: None WHEREAS, Robert and Renee Brissette requested a variance to construct a landing and stairs to grade at the rear of the house on the premises located at 42 Hillcrest Avenue and known on the Tax assessment Map of the Town of Mamaroneck as Block 123, Lot 446: and 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 with particular reference to Section 240-39B.(3); 240-37F and 240-69; and WHEREAS, Robert and Renee Brissette submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, the proposed landing and stairs have a rear yard of 16.11 feet where 25 is required; and WHEREAS, the parcel currently has nonconforming lot coverage of 37% and as proposed would have a lot coverage of 41% where 35% is required, and WHEREAS, the addition increases the extent by which the building is nonconforming; 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, this is a type II action having no significant impact on the environment pursuant to 6 NYCRR § 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 there will be no undesirable change to the neighborhood because the extension to the rear of the house will be blocked from the view of the rear neighbors and it will create a more attractive appearance from 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 finds that the applicant cannot achieve their goal by any other method because the present configuration of the house on such a small lot leaves no other place to locate the entry to the house with the planned kitchen renovation. C. Whether the area variance is substantial: The Board finds that the variance is not substantial because despite the increase in lot coverage, the landing and stairs included in the plan are the minimal possible dimension consistent with the building code and safety. 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 there will be no adverse impact on the neighborhood or district because it will not result in an increase in impervious surfaces. E. Whether the difficulty is self-created: The Board finds that the difficulty is self created but not determinative. 2. For the reasons stated above, 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. For the 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; 2. The applicant shall submit plans reflecting any modifications for the 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 six (6) months of the filing of this Resolution. 4. 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. 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. 6. The Board recommends that the property be surveyed and staked prior to construction. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPROVAL OF MINUTES The minutes of the March 24, 2010 meeting were not approved because counsel had not reviewed them. ADJOURNMENT Motion: To adjourn the meeting, Action: Adjourned Moved by Arthur Wexler, Seconded by Ronald Meister Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Arthur Wexler, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. Minutes prepared by Francine M. Brill Zoning Board of Appeals Secretary