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HomeMy WebLinkAbout2013_05_22 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK May 22, 2013 HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK APPLICATION NO. 1 CASE NO.2932 Winged Foot Golf Course Application of Winged Foot Golf Course requesting a variance to construct a new two story and one half story employee housing building to replace and be relocated adjacent to existing employee housing building on the premises located at 851 Fenimore Road and known on the Tax Assessment Map of Town of Mamaroneck as Block 347, Lot 1. APPLICATION NO. 2 CASE NO.2935 Charles Orgel Application of Charles Orgel requesting a variance to replace an existing deck on the premises located at 454 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221, Lot 149. APPLICATION NO. 1 CASE NO.2936 Jean-Marc Plisson Application of Jean-Marc Plisson requesting a variance to construct a two car garage plus storage on the premises located at 16 Leatherstocking Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320- Lot 242. APPLICATION NO. 2 CASE NO.2937 Mark DeFelice ADJOURNED Application of Mark DeFelice requesting a variance to add a new second floor over existing first floor on the premises located at 42 Colonial Avenue Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120, Lot 230. Roll Call. Present:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus Also Present: Ronald A, Carpaneto, Building Inspector, Lisa Hochman, Counsel, Ernest Odierna,Town Board Liaison. Absent/Excused:Jeffery King, Kevin G. Ryan, Counsel. CALL TO ORDER Called to order to at 7:50 P.M. The Applications were taken out of order. 1 The Chairman stated that there are only four(4) members present at this time and that any applicant would need at least three votes in favor to be approved. Mr. Wexler stated that if any applicant would like to adjourn the matter he or she may request to do so. APPLICATION NO. 2 CASE NO. 2935 Charles Orgel 454 Weaver Street Greg Lewis,the applicant's architect, addressed the Board, stating that the Orgel's have owned the house for over 30 years and are requesting an area variance to replace the existing deck which projects into the required side yard setback.The proposed deck is slightly smaller on the existing footprint. Motion:To open the Public Hearing, nunc pro tunc Moved by Arthur Wexler, Chairman, Seconded by Frederick Baron. Action:Approved Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Absent:Jeffery King. The Board discussed the application. There were no questions or comments from the public. Motion:To close the public hearing Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Absent:Jeffery King. Motion:To approved the requested variance Action:Approved Moved by Seth Marcus, seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Absent:Jeffery King. After review, on motion of Mr. Marcus, seconded by Baron the following resolution was proposed and ADOPTED unanimously(4-0). Ayes: Wexler, Baron, O'Neill, Marcus Nays: None Absent/Excused: King 2 WHEREAS,Charles Orgel, requested a variance to replace an existing deck on the premises located at 454 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221, Lot 149; and 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 240-37B.2(a) and 240-69; and WHEREAS,the applicant submitted an application for a variance to this Board for reasons set forth in such application; and WHEREAS,the existing deck to be replaced has a side of 4 feet where 10 feet is required for a residence in an R-10 Zone District; and 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; and 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 made 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 undesirable neighborhood change because the deck will be within the footprint of the existing deck. 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 goals without an area variance because the new proposed deck is being built within footprint of the existing deck. C. Whether the area variance is substantial. The Board finds the request is not substantial because the overall square footage is being reduced. 3 D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighbor. The Board finds that there is no adverse impact to physical or environmental conditions because the project will not generate any additional runoff, noise or shadows. E. Whether the difficulty is self-created. The Board finds that to the extent the hardship may or may not be self-created, it is non-determinative. 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 May 22, 2013. 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. 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. 3 CASE NO.2936 Jean-Marc Plisson 16 Leatherstocking Motion:To open the Public hearing 4 Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Frederick Baron. Mr. Wexler and Ms. Hochman discussed whether it was necessary for Mr. Wexler to recuse himself because he had worked on an unrelated project for the applicant years ago. It was agreed that recusal was not necessary appropriate in this instance. Mark Gazda,the applicant's architect, stated that they want to build for an attached two &%car garage and he described the unique shape and elevations of the property. Mr. Gazda further stated that the adjoining neighbors have seen the plans and raised no objections. The Board discussed the size and mass of the proposed structure as seen from the Leatherstocking Trail, and the proposed use of the present garage. Mr. Gazda stated that the existing garage doors are to remain. Mr. Wexler stated that the size of the attached breezeway is the main reason the applicant is before the ZBA and stated it is asking for a lot. Mr. Marcus stated that if the breezeway was removed from the plan a variance may not be needed. Mr. Gazda stated that he will relay the Board members' concerns to the owners, as they want to have a connection from the garage to the house. Mr. Gazda requested an adjournment to June 26, 2013. Motion:To adjourn the matter to June 26, 2013 Action:Approved Moved by Frederick Baron, Seconded by Irene O'Neill. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Absent:Jeffery King. APPLICATION NO. 1 CASE NO.2932 Winged Foot Golf Club 851 Fenimore Road The public hearing was continued. Ms. O'Neill recused herself. 5 Seth Mandelbaum, of McCullough, Goldberger and Staudt, the applicant's attorney law firm, addressed the Board. Mr. Mandelbaum referred to his firm's letter dated May 7, 2013, which explained why 30 living units were being requested. The following conditions are: Mr. Carpaneto clarified the existing 24 legally nonconforming rooms were originally in the main club house and moved to the second building. Mr. Mandelbaum stated that the Planning Board adopted a Negative Declaration on the site plain application on May 20, 2013. Mr. Mandelbaum asked the Board to grant the requested variance this evening, so they can continue with the Planning Board for the site plan public hearing and approval at the meeting scheduled for June 12, 2013. Ms. Hochman stated the number of units is what triggers the variance, not the structure. The Board discussed the application. Motion: To close the public hearing Action:Approved Moved by Frederick Baron, Seconded by Seth Marcus. Motion:To approve the requested variance Action:Approved Moved by Frederick Baron, seconded by Seth Marcus. Vote: Motion passed (summary:Yes=3, No= 0,Abstain = 1). Yes:Arthur Wexler, Chairman, Frederick Baron, Seth Marcus. Absent:Jeffery King. Abstain: Irene O'Neill. After review, on motion of Mr. Baron, seconded by the following resolution was proposed and ADOPTED unanimously(4-0). Ayes: Wexler, Baron, Marcus 6 Nays: None Absent/Excused: King, O'Neill WHEREAS,Winged Foot Holding Corporation, requested a variance to construct a new two and one half story employee housing building to replace and be relocated adjacent to the existing employee housing buildings on the premises located at 851 Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347, Lot 1../1; and 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 240-21.1.C(7); and WHEREAS,the applicant submitted an application for a variance to this Board for reasons set forth in such application; and WHEREAS, the new staff housing building as proposed has a total of 30 sleeping rooms for caretakers and staff, 24 of which are legally nonconforming because they were built during original construction prior to the current Town Code provision which allows 10 sleeping rooms for care takers and staff; and WHEREAS,the development of 6 additional sleeping rooms requires an area variance; and 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; and WHEREAS,this is an unlisted action pursuant to 6NYCRR§617 et, seq. and the Planning Board has undertaken the responsibilities of lead agency pursuant to SEQRA; and WHEREAS,the Planning Board issued a negative declaration pursuant to SEQRA on May 20, 2013; and WHEREAS,this Board did not contest the negative declaration adopted by the Planning Board with respect to this application; 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. 7 The Board finds that there will be no undesirable change in the neighborhood because there have been 24-25 people living on the premises as a legalized preexisting use and the requested variance would add only 6 additional units/employee residents.The addition of 6 additional employee residents on site for 6 months (or possibly fewer) during the year will not produce a noticeable change in the neighborhood. The new employee housing building which will replace the older two buildings will be more visible but also more attractive. 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 there are undoubtly other locations on the site where employee housing could be developed, but that the building is not an issue here, as the applicant has demonstrated a need for 30 staff people to live on the site seasonally and there is no acceptable alternative to a variance with regard to the number of people that is allowed. C. Whether the area variance is substantial. The Board finds that the proposed variance is not substantial in comparison with the existing conditions on site which have been in place for many years and have had no ill effects in the neighborhood. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighbor. The Board finds there will be no adverse impact on the physical or environmental conditions of the neighborhood because any increases in traffic will negligible compared to the amount of traffic that goes in and out of the club from members and staff during the course of an average day. E. Whether the difficulty is self-created. The Board finds yes the difficulty is self-created but not determinative in this case. 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. 8 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 May 22, 2013. 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. 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. SPECIFIC CONDITIONS 1. The employee housing building is limited to Winged Foot employees only. 2. No family members of Winged Foot employees or other overnight guests permitted shall be permitted. 3. No "Doubling up" or any other increase in occupancy shall be permitted during the US Open or any other similar events. 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 April 29, 2013 with technical corrections Action:Approved 9 Moved by Frederick Baron, Seconded by Seth Marcus. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Absent:Jeffery King. ADJOURNMENT Motion:To adjourn the meeting 8:46 P.M. Action:Approved Moved by Frederick Baron, Seconded by Arthur Wexler, Chairman. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Absent:Jeffery King. Minutes prepared by Francine M. Brill Zoning Board of Appeals Secretary 10