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HomeMy WebLinkAbout2013_06_26 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK JUNE 26, 2013 HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK APPLICATION NO. 1 CASE NO.2937 Mark DeFelice 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. APPLICATION NO. 2 CASE NO.2938 Adam Kalish Application of Adam Kalish requesting a variance construct a one and one half story garage on the premises located at 27 Doris Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Lot 1074.2. APPLICATION NO. 3 CASE NO.2939 Anilesh and Maria Ajuja Application of Anilesh and Maria Ahuja requesting a variance to legalize as built conditions regarding swimming pool setbacks to the principle structure on the premises located at 106 Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block as Block 509, Lot 86. Roll Call. Present:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus,Jeffery King Also Present: Ronald Carpaneto, Building Inspector, Kevin G. Ryan, Counsel Absent/Excused: Lisa Hochman, Counsel, Ernest Odierna,Town Board Liaison. CALL TO ORDER The meeting was called to order at 7:51 P.M. APPLICATION NO. 2 CASE NO.2938 Adam Kalish 27 Doris Road The applicant withdrew the application. APPLICATION NO. 1 CASE NO.2937 Mark DeFelice 42 Colonial Avenue 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. 1 Motion:To open the public hearing Action:Approved Moved by Frederick Baron, seconded by Seth Marcus. George Monasterio,the applicant's architect, addressed the Board. Mr. Monasterio stated that the applicant is asking for a 7 inch relief with respect to the 30-foot minimum front yard setback to construct a second floor addition consistent with and above the existing nonconforming first floor. There were no questions or comments from the Board. There were no questions or comments from the public. Motion: To close the public hearing Action:Approved Moved by Frederick Baron, Seconded by Jeffery King. Vote: Motion carried by unanimous roll call vote (summary:Yes=5) Yes: Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill,Jeffery King, Seth Marcus. Motion:To approve the requested variance Action: See below. Moved by Seth Marcus, seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary:Yes=5) Yes: Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill,Jeffery King, Seth Marcus. Mr. Ryan asked for clarification. Motion: To reopen the public hearing Action:Approved Moved by Frederick Baron, Seconded by Jeffery King. Vote: Motion carried by unanimous roll call vote (summary:Yes=5) Yes: Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill,Jeffery King, Seth Marcus. The Board discussed the application to clarify the variance. Motion:To reclose the public hearing Action:Approved Moved by Frederick Baron, Seconded by Jeffery King. Vote: Motion carried by unanimous roll call vote (summary:Yes=5) Yes: Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill,Jeffery King, Seth Marcus. 2 Motion:To approve the requested variance Action:Approved Moved by Seth Marcus,Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary:Yes=5). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill,Jeffery King, Seth Marcus. After review, on motion of Mr. Baron, seconded by the following resolution was proposed and ADOPTED unanimously(5-0). Ayes: Wexler, Baron, Meister, Marcus, O'Neill Nays: None WHEREAS, Mark DeFelice, requested a variance to add a new second floor over existing first floor on the premises located at 42 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120, Lot230. 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 240-39B(1), 240-69, requiring a front yard setback of 30 feet for a residence in an R-6 Zoning District. WHEREAS,the applicant submitted an application to this Board for a variance from the minimum 30 foot front yard setback with respect to the proposed second floor addition which would have a front yard setback of 29 feet 5 inches (having an overhang of 1 foot 6 inches). 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 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 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. 3 The Board finds there will no such undesirable change or detriment. The applicant has provided plans for the addition and photographs of surrounding homes showing that the addition will be consistent with the existing scale and appearance of the neighborhood. 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 notes that as this is a second floor addition to the property the applicant would simply be building over an existing non conformity. The Board finds that,while it may be hypothetically to build a second floor addition in this location without requesting a variance by setting the addition several inches back from the existing front wall of the house,this would be aesthetically undesirable and, as a result, would be detrimental to the surrounding neighborhood. C. Whether the area variance is substantial. The Board finds that a 7 inch front setback variance for an addition to be constructed over an existing structure is not substantial in these circumstances. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds that this is a second floor being built over an existing structure and should therefore have no adverse impact on runoff noise or light, particularly given the distance of the house from nearby structures. E. Whether the difficulty is self-created. The Board finds the difficulty is self-created insofar as the applicant wants to make an addition to the existing non-conforming home, but that, under the circumstances presented,finds this factor not to be 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 4 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 on June 26, 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.2939 Anilesh and Maria Ajuja 106 Premium Point Application of Anilesh and Maria Ahuja requesting a variance to legalize as built conditions regarding swimming pool setbacks to the principle structure on the premises located at 106 Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block as Block 509, Lot 86. Motion: To open the public hearing Action:Approved Moved by Irene O'Neill, seconded by Jeffery King. Vote: Motion carried by unanimous roll call vote (summary:Yes=5) Yes: Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill,Jeffery King, Seth Marcus. Seth Mandelbaum,the applicant's attorney addressed the Board. Scott Raissis,the applicant's architect, addressed the Board. Mr. Mandelbaum stated this is an as built condition and was brought to light when the architect currently hired to design alterations and repair storm damage to the house researched the file. It was found that when the house was renovated in or about the year 2000 a variance was granted to allow the pool to be placed 6 feet from the principal structure where a separation of 15 feet would normally be required. However, as actually constructed, the pool is less than 6 feet from the principal structure, i.e., at its closet point:4.1 feet from the principal structure. As a result of this deviation from the previously granted variance, new building permits cannot be issued. 5 A Letter from 108 Premium Point in support was entered into the record marked Exhibit 1. The Board discussed the current request and questioned how the pool came to be built in violation of the previously granted variance. Mr. Baron stated that, in his view,that each side of the pool with a separation of less than 6 feet should be require a separate variance. This would include the two sides that are 4.7 feet from the principal structure in addition to the side with a 4.1 foot separation. Several board members concurred. Mr. Ajuja stated that the contractor is no longer in business. Mr. Mandelbaum stated that to make the pool smaller would be difficult for the applicant. Mr. Wexler stated that the pool not only got wider than originally permitted, it is also longer. The Board discussed the 2000 variance approval certificate. Safety requirements were discussed. Several board members raised concerns with regard to the availability of a feasible method to achieve the applicant's goals without need for a further variance;the substantiality of the variance(s) requested;the self-created nature of the applicant's hardship. Mr. Ryan asked the applicant's attorney to research the legislative history with of the Town Code with respect to the pool setback requirements. Mr. Mandelbaum agreed to do so. Mr. Mandelbaum suggested a site visit would be appropriate. The architect described the current plans, dealing with construction issues from the original construction and damage caused by storm Sandy. Mr. Mandelbaum stated he will re-notice the application for all three non-conforming sides. Oh behalf of the applicant he then requested an adjournment. Motion: To adjourn the matter to July 24, 2013 Action: Approved Moved by Arthur Wexler, seconded by Irene 0' Neill. Vote: Motion carried by unanimous roll call vote (summary:Yes=5) Yes: Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill,Jeffery King, Seth Marcus. NEW BUSINESS Mr. Wexler stated there will be no meeting in August. MEETING ADJOURNED Motion: To close the meeting at 8: 58 P.M. Action: Unanimously approved. 6 Moved by Jeffery King, seconded by Irene 0' Neill. Minutes prepared by Francine M. Brill Zoning Board of Appeals Secretary 7