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HomeMy WebLinkAbout2015_07_22 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK JULY 22,2015, HELD IN CONFERENCE ROOM C,OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK Roll Call. Present:Arthur Wexler, Chairman,Jeffery King, Evans Simpson, Also Present: Lisa Hochman, Counsel Absent/Excused: Irene O'Neill, Seth Marcus,Jonathan Sacks,Alternate, Ronald Carpaneto, Building Inspector, Kevin G. Ryan, Counsel, Ernest Odierna,Town Board Liaison. CALL TO ORDER The meeting was called to order at 8:00 P.M. Mr. Wexler, Chairman, explained that at this time there are only four members present and stated that the applicant would need three votes in favor to be approved. If any applicant would like to adjourn the matter he or she may request to do so. MINUTES The minutes were tabled. APPLICATION NO. 1 CASE NO.2998 Thomas and Emily Engles 26 Winged Foot Drive Justin Minieri,the applicant's architect, addressed the Board. He showed pictures of the house. He explained that there is not much of a basement, mostly all crawl space. He further stated that they are proposing a second story addition over the right side.The property is odd shaped and the house is mostly nonconforming. The footprint will not be increased as they are working within the second floor footprint. Because of the existing floor plan they are limited in what they can do. The Leatherstocking trail is on the rear of the property. The height of the building is not being increased. A shed dormer canopy over the garage will soften that side. The materials being used on the addition will be architecturally the same as the existing house. Mr. Minieri stated there is no viable alternative to serve the owners needs for a growing family. Letters of support from three neighbors were entered into the record and Marked Exhibit 1. The Board discussed the application. There were no public questions or comments. 1 Mr. Minieri requested a straw poll. Motion:To close the public hearing Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Evans Simpson. Motion: To approve the requested variance Action:Approved Moved by Jeffery King, seconded by Evans Simpson. After review, on motion of Jeffery King, seconded by Evans Simpson the following resolution was proposed and ADOPTED unanimously(3-0). Ayes: Arthur Wexler, Chairman, Evans Simpson,Jeffery King Nays: None Absent/Excused: Seth Marcus, Irene O'Neill,Jonathan Sacks, Alternate WHEREAS,Thomas and Emily Ingles, requested a variance to construct a second floor addition new roof canopy at the front entry and garage entrance on the premises located at 26 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204, Lot 326. 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 240-35B.(1), 240-35B(3), and 240-69. WHEREAS,the applicant submitted an application for a variance to this Board for reasons set forth in such application,the second floor addition as proposed has a front yard of 39.99 feet where 40 feet is required; has a rear yard of 18.35 feet where 40 feet is required, and further the addition increases the extent by which the building is nonconforming for a residence in an R-20 Zone District. 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: 2 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 granting the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the proposed addition will have a similar appearance to other houses nearby. 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 benefit sought by the applicant cannot be achieved by some method feasible to the applicant not requiring a variance because the house as is, is nonconforming and the lot is irregularly shaped. C. Whether the area variance is substantial. The Board finds that the variance is not substantial it is in keeping with the original footprint of the existing dwelling. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds that the proposed variance will not adversely impact the physical or environmental conditions of the neighborhood because much of the expansion will not be visible from the street or nearby homes and the Board determined that the second floor addition would improve the site lines of the house. Whether the difficulty is self-created. Yes,the difficulty is self-created given the irregular shape of the lot but the Board finds that this factor is not determinative under the circumstances presented. 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 3 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. 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. 2 CASE NO.2999 Jonathan and Pam Weinberg 22 Winged Foot Drive Motion:To open the public hearing Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Jeffery King. Rick Yestadt, the applicant's architect, addressed the Board and stated they are requesting a variance over a preexisting nonconforming one story section of the house. He further stated they are adding about 800 square feet onto an existing 3,600 square foot house, but only about 20 square feet require a variance. This house also borders the Leatherstocking trail The Board discussed the variance request. There were no public questions or comments. Mr. Yestadt requested a straw poll. Motion:To close the public hearing Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Evans Simpson. Motion:To approve the requested variance 4 Action:Approved Moved by Evans Simpson, seconded by Arthur Wexler. After review, on motion of Evans Simpson, seconded by Arthur Wexler the following resolution was proposed and ADOPTED unanimously(3-0). Ayes: Arthur Wexler, Chairman, Evans Simpson,Jeffery King Nays: None Absent/Excused: Seth Marcus, Irene O'Neill,Jonathan Sacks, Alternate WHEREAS,Jonathan and Pam Weinberg, requested a variance to construct a 1 story front addition and a 1 story side kitchen addition and a 1% story rear addition on the premises located at 22 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204, Lot 300. 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 240-35B(1), 240-35B(2)(b) and 240-69, WHEREAS,the applicant submitted an application for a variance to this Board for reasons set forth in such application,the addition as proposed has a side yard of 13 feet 8% inches where 15 feet is required; has a total side yard of 29 feet 3 7/8 inches where 40 feet is required, and further the addition increases the extent by which the building is nonconforming for a residence in an R-10 Zone District. 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 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 the proposed addition will not produce an undesirable change because it is architecturally consistent with the majority of the proposed expansion and will be within the existing footprint. 5 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 there is no reasonable alternative because given the slope of the property,there is no feasible way to expand the house to create usable space without a variance. C. Whether the area variance is substantial. The Board finds that the variance is not substantial because on one side the encroachment extends only minimally into the required side yard and on the other side there is no increased encroachment. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds that there will be no adverse impact on the physical or environmental conditions of the neighborhood because the increase in bulk and encroachments into the side yards are minimal. E. Whether the difficulty is self-created. The Board finds that the difficulty is self-created, but not determinative under the circumstances presented. 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. 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. 6 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. ADJOURNMENT Motion:To adjourn the meeting at 8:45 P.M. Action:Adjourned Moved by Arthur Wexler, Chairman, Seconded by Jeffery King. Minutes prepared by Francine M. Brill Zoning Board of Appeals 7