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