HomeMy WebLinkAbout2011_09_26 Zoning Board of Appeals Minutes MINUTESOF THE REGULAR MEETING OF THE
ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK
SEPTEMBER 26, 2011 HELD IN CONFERENCE ROOM C, OF THE TOWN CENTER
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
AGENDA
APPLICATION NO. 1 CASE NO. 2888 Paul Feldman
Application of Paul Feldman requesting a variance to construct a garage and master bedroom addition
on the premises located at 6 East Drive and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 107, Lot 422.
APPLICATION NO. 2 CASE NO. 2889 Snyder/Ceballos
Application of Snyder/Ceballos requesting a variance to construct a one story addition at the rear of the
dwelling and a second floor addition over the existing first floor on the premises located at 61 West
Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218, Lot 51.
APPLICATION NO. 3 CASE NO. 2890 Michael Witek
Application of Michael Witek requesting a variance to construct a second floor on the existing house on
the premises located at 716 Forest Avenue and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 221, Lot 211.
Vi Roll Call.
Present:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Ronald Meister, Seth Marcus
Also Present: Ronald A. Carpaneto, Building Inspector, Kevin G. Ryan, Counsel.
Absent/Excused: David Fishman, Liaison.
CALL TO ORDER
The meeting was called to order at 7:50 p.m.
Vu APPLICATION NO. 1 CASE NO. 2888 Paul Feldman—6 East Drive
The addition as proposed has a front yard of 14.7 feet where 30 feet is required pursuant to Section
240-37B.(1), and further the addition increases the extent by which the building is nonconforming
pursuant to Section 240-69 for a residence in an R-10 Zoning District.
Motion:To open the public hearing
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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, Seth Marcus.
Donald Z. Schwetter,the applicant's architect addressed the Board, stating that the applicants appeared
before the Board for a large front addition previously. This request is to change the existing garage to a
play room and add a new 2 car garage with a master bedroom suite above. This addition would be 14
feet from the front property line.
Mr. Schwetter discussed the plan with the Board, stating that there is ledge rock under the house wich
limits solutions for the proposed addition. Board discussed the configuration and size of the garage as
well as the proposed raising of the roof line to accommodate the additional bedrooms.
Mr. Wexler asked the architect if he had given any thought to lessening the scale of the addition as
there are not many houses in the area as close to the road as that at 6 East Drive.
Mr. Schwetter responded that in his opinion there is no other solution as he is trying to maintain the
cottage look and yard space for the applicant.
Mr. Schwetter handed in 4 letters from neighbors in support of the application. These were received by
the secretary to the Zoning Board of Appeals and were collectively marked Exhibit 1.
The Board discussed the short front yard and driveway area, noting that cars parked in the driveway
could encroach onto town property.
Mr. Wexler suggested pushing the garage back and entering from the side
Mr. Meister suggested enlarging the existing garage and eliminating the play room.
Public Comments
Sandra Price of 1 East Drive asked if there will be a need to blast rock, and about the duration of work,
as well as parking for tradesmen. Mr. Schwetter responded that in the current plan the rock to be
removed is fissured and will not require blasting. The entire project should take about 7 months to
complete, and parking for tradesmen will be on the property.
In reference the response to question number 4 in Mr. Schwetter's August 29, 2011 letter accompanying
the application, Mr. Marcus questioned the statement that the bulk of the work will be within the
setbacks. He stated that he is interested in the impact of the work outside the setback.
Mr. Baron stated a concern with the size of the addition.
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Mr. Wexler stated that the garage could be set back with an entrance on the side from the north making
a longer curved driveway to accommodate off street parking. He asked the architect to consider
alternatives.
At Mr. Wexler's request Mr. Schwetter shaded the plan to show the proposed increased bulk.
The applicant asked that the board conduct a non-binding "straw poll."The applicant then requested an
adjournment.
Motion:To adjourn the matter to October 26, 2011
Action:Approved Moved by Frederick Baron, None seconded.
Vote: Motion carried by unanimous role call vote (summary:Yes=5).
Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Ronald Meister, Seth Marcus.
Application No.2 Case 2889 Snyder/Ceballos --61 West Garden Road
The proposed two-story addition would have a side yard of 7 feet 5 inches where 8 feet is required
pursuant to Section 240-39(2)(a);would have a lot coverage of 38%where 35% is required pursuant to
Section 240-39F; and would increase the extent by which the building is nonconforming pursuant to
Section 240-69 for a residence in an R-6 Zoning District.
Mike Csenge, applicant's architect, addressed the Board, stating that the applicants are asking for two
variances: one for a small piece of the structure in the setback and an increase in lot coverage. The
house sits on an oversize lot in an R-6 zone.
Ms. O'Neill recused herself.
Mr. Wexler stated that the applicant would need a 3-1 vote to pass and allowed the applicant the
opportunity to adjourn the hearing to the next board meeting.
Mr. Csenge asked to continue.
Mr. Wexler stated the 5 inch setback request appears to be minimal, but asked how lot coverage could
be lessened.
It was suggested that the terrace could be made a deck on grade which would eliminate the need for a
lot coverage variance. Mr. Csenge will confer with the owners.
Public comments.
Ms. O'Neill asked where the roof line is relative to homes around it.
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Anna Ceballos,the owner/applicant, stated she thinks it is lower as they have no useable attic.
Mr. Csenge asked for an adjournment.
Josh Knovisser,the applicant's neighbor at 75 West Garden Road stated his only issue was the shadow
caused and that he and the applicant reached an accommodation based on the removal of a tree. He is
now in support of the application.
Motion:To adjourn the matter to October 26, 2011
Action:Approved Moved by Frederick Baron, Seconded by Ronald Meister.
Vote: Motion carried by unanimous roll call vote (summary:Yes=5).
Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Ronald Meister, Seth Marcus.
Application No.3 Case No. 2890 Michael Witek --716 Forest Avenue
The second floor addition as proposed would have a side yard of 6 feet where 10 feet is required
pursuant to Section 240-37(2)(a); a total side yard of 13 feet where 25 feet is required pursuant to
Section 240_37B(2)(b); and would increase the extent by which the building is nonconforming pursuant
to Section 240-69 for a residence in an R-10 Zone District.
Motion:To open the public hearing.
Action:Approved.
Moved by Frederick Baron, Seconded by Ronald Meister.
Vote: Motion carried by unanimous roll call vote (summary:Yes=5).
Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Ronald Meister, Seth Marcus.
The applicant and James Fleming,the applicant's architect, appeared and addressed the Board. Mr.
Fleming stated that this particular house design has been built many times in the Town. It is a one story
house with a stair case to one room under a gable. The applicant would like to get bedrooms upstairs,
and make the first floor more usable for the family. According to Mr. Fleming,the house was built in
1953.
The applicant looked at several possibilities and is asking for a variance of 6 feet on one side.
Mr. Fleming described the present first floor, and the proposed addition.The nonconforming lot is an R-
6 in an R-10 zone.
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A transparent drawing to show the as-of-right overlay was received by the board secretary and marked
Exhibit 1.
Public Comments
Mr. Irwin Black of 718 Forest Ave. stated he agreed to the previously granted variance for the addition in
the rear of the house. He is against this.
Mr. Fleming stated that the distance of the applicant's house to the Blacks house is 29 feet; they have a
generous side yard on one side and tight on the other side.
The height of the proposed addition was discussed and Mr. Fleming stated that he did a light study and
the effect on the cottage next door would be no appreciable difference. The light study was received by
the board secretary and marked Exhibit 2
Mr. Fleming showed photos of other houses in neighborhood. Mr. Fleming also presented a letter from
a neighbor at 714 Forest Ave.Joseph Adornato in support of the plan. This was received by the board
secretary marked as Exhibit 3. Mr. Wexler asked if there were any further questions or comments from
the public.
Mr. Black of 718 Forest Avenue stated that he has lived next door for 22 years, and pointed out with
reference to Drawing A-3 of the submitted plans that his view would be obstructed. He disagrees with
the Mr. Fleming's assessment of the light impacts.
Angela Black of 718 Forest Avenue stated that she feels the house will be too massive.
Mr. Black stated that neighbors at 725, 723, 721 and 719 have Capes (i.e., Cape Cod style houses);the
house across the street is the only 2 story home in the neighborhood. The new home plan is not in
context of the surrounding homes.The house will go up an additional one third as well as additionally
encroaching towards the Black residence.
Mr. Baron noted the footprint is not changing.
Mr. Wexler asked the applicant to return with alternatives,to reduce the impact on the neighbor.
Mr. Black gave photos of addition to his home. The photos were received by the board secretary and
marked as Exhibit 4.
Mr. Wexler asked for a site plan and elevation drawing showing the applicant's house and the
neighbors' houses to each side. He also requested photos of the 3 homes shown from the street.
Mr. Meister seconded Mr. Wexler's request.
Mr. Fleming offered the photo board showing 718 Forest Avenue and surrounding homes,which the
board secretary received and marked as Exhibit 5.
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Mr. and Mrs. Black gave a letter dated September 12, 2011 listing their objections to the variance, which
was received by the board secretary and marked Exhibit 6.
Mr. Fleming asked for an adjournment.
Motion:To adjourn the matter to October 26, 2011
Action:Approved
Moved by Frederick Baron, Seconded by Seth Marcus.
Vote: Motion carried by unanimous roll call vote (summary:Yes=5).
Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Ronald Meister, Seth Marcus.
MINUTES
The minutes of June 22, 2011 were tabled to October 26, 2011.
ADJOURNMENT
Motion: To meeting was adjourned at 9:56p.m.
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, Seth Marcus.
Minutes prepared by
Francine M. Brill
Zoning Board of Appeals Secretary
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