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Home My WebLink About2011_05_25 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THETOWN OF MAMARONECK MAY 25, 2011 HELD IN CONFERENCE ROOM C, OF THE TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK AGENDA APPLICATION NO. 1 CASE NO. 2886 Ari Kandel Application of Ari Kandel requesting a variance to construct a one story office addition on the premises located at 8 Boulder Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110, Lot 105. Roll Call. Present:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Ronald Meister, Robert Viner Also Present: Ronald A, Carpaneto, Director of Building, Kevin G. Ryan, Counsel . Absent/Excused: Seth Marcus,Alternate, David Fishman, Liaison. Call to order at 7:58 p.m. Motion:To call the meeting to order Action:Approved Moved by Frederick Baron, Seconded by Arthur Wexler, Chairman. Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. APPLICATION NO. 1 CASE NO. 2886 Ari Kandel Motion:To open the public hearing Action:Approved Moved by Frederick Baron,Seconded by Irene O'Neill. Vote: Motion carried by unanimous roll call vote (summary:Yes=5 ). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Ronald Meister, Robert Viner. 1 Absent: Seth Marcus,Alternate. Zachary Swetter,the applicant's architect, discussed the application stating that this is an ongoing project. The applicant realized that before they tackle the second phase of construction they needed more room on the first floor for a small office. The only option was to put an office alcove off the dining room. The Board discussed the elevation,windows,facade and landscaping of the addition. There were no questions or comments from the public. Motion:To close the public hearing Action:Approved Moved by Frederick Baron, Seconded by Ronald Meister. Motion: To approve the requested variance Action:Approved Moved by Irene O'Neill, seconded by Mr. Baron. After review, on motion of Ms. O'Neill, seconded by Mr. Baron the following resolution was proposed and ADOPTED unanimously(5-0). Ayes: Wexler, Baron, O'Neill, Meister,Viner Nays: Absent/Excused: Marcus. Mr. Meister requested the hearing be reopened to ask a question. Motion:to reopen the public hearing Action:Approved Moved by Ronald Meister, Seconded by Robert Viner. Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. Mr. Meister asked about the placement of the air conditioning condenser units. Mr. Sweeter responded that they will remain in the current position. 2 Motion:to reclose the public hearing Action:Approved Moved by Robert Viner, Seconded by Ronald Meister. Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. Ms. O'Neill continued. WHEREAS, Mr. Ari Kandel requested a variance to construct a one story addition and replace the existing deck steps on the premises located at 8 Boulder Road and known on the Tax Assessment map of the Town of Mamaroneck as Block 110, Lot 105. 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 Section 240-39B(2). WHEREAS,the applicant submitted an application for a variance to this Board for the 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 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 detriment to nearby properties will be created by the granting of the variance: The Board finds the construction of this addition will not cause an undesirable change. The single small office addition will actually enhance the look of the property, it is consistent with the character and feel of the rest of the building and is a relatively small structure. 3 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 based on the position of the residence on the lot currently there are few spaces where this addition could be added on. Specifically, as explained by the applicant's architect, there is no opportunity to add the office space at the back of the residence. The addition at this location will give the owners access to the office from the kitchen which is desirable for them. C. Whether the area variance is substantial: The Board finds that the variance is not substantial. It will not intrude significantly into the field of vision of that portion of the house from the street. Also,given the positioning of the house on the corner, it will not intrude any further than the neighboring house which is even closer to Villa Rd. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood: The Board finds it will not have an adverse impact the addition is modest and is consistent with the style of the existing house and will enhance this side of the house. Any additional runoff will be controlled and increase in lot coverage will not be substantial. E. Whether the difficulty is self-created: The board finds that although this is a self-created difficulty do to the occupants desire to add an office however it is not determinative under the circumstances. 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 bee 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. 4 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 six(6) months. 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. 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 March 23,2011 Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Ronald Meister. Vote: Motion carried by unanimous roll call vote(summary:Yes=5). Yes:Arthur Wexler,Chairman, Frederick Baron, Irene O'Neill, Robert Viner, Ronald Meister. The next meeting is scheduled for June 22, two Board members are unavailable, Ms. Brill will see if there is an alternate date for a meeting. ADJOURNMENT Motion:to adjourn the meeting Action:Adjourned Moved by Frederick Baron, Seconded by Robert Viner. Minutes prepared by Francine M. Brill Zoning Board of Appeals Secretary 5 6