HomeMy WebLinkAbout2001_02_28 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
FEBRUARY 28,2001,IN THE SENIOR CENTER,TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK,NEW YORK
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Present: Thomas E.Gunther,Chairman �.
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Avian A.Martin O RECEIVED
Arthur Wexler `'1
Paul A.Winick — MAY 18 2001 --�
Absent: Richard Coico PATRICIA A CLERK
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�MAMARofv RN
ARpNECIt
Also Present: Judith M.Gallent,Counsel N.Y.
Ronald A.Carpaneto,Director of Building 4 T9
Nancy Seligson,Liaison
Stephanie Poli,Public Stenographer
Terranova,Kazazes&Associates,Ltd.
49 Eighth Street
New Rochelle,New York 10801
Marguerite Roma,Recording Secretary
CALL TO ORDER
The meeting was called to order by Chairman Gunther at 7:50 p.m.
APPROVAL OF MINUTES
Mr.Gunther informed those present that the Zoning Board Minutes for December 20,2000 and January
24,2001 will be reviewed at the end of the meeting,along with setting the meeting date for the month of
March.
Mr.Gunther said that the following application requested an adjournment:
APPLICATION NO.1-CASE 2430 tedjoiimed 11/21/00;12/20/00;it24A01)
Application of Katherine and Walter McTeigue,6 Harrison Drive,Block 503,Lot 579.
Mr.Carpaneto said he would assume so. He called them during the week a couple of times and asked that
the applicant send a fax to the Board before the meeting,which was not done.
Mr.Gunther asked if Katherine or Walter McTeigue were present. There being no response,on a motion
made by Mr.Gunther,seconded by Ms.Martin,it was unanimously
RESOLVED,that the Public Hearing of case#2430 be,and hereby is,adjourned to the March
28,2001 Zoning Board meeting.
The Secretary read the application as follows:
Zoning Board
February 28,2001
Page 2
APPLICATION NO.2-CASE 2437
Application of Bernice Pagan requesting a variance to construct a one-story addition on the premises located
at 34 Glen Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114,Lot
419.The addition as proposed has a side yard of 8.67 ft.where 10 ft.is required pursuant to Section 249-
38B(2)(a);and further,the addition increases the extent by which the building is nonconforming pursuant
to Section 240-69 for a residence in an R-7.5 Zone District.
Bernice Pagan and her husband,John Pagan,appeared. .
Mr.Gunther asked them to give the Board a brief explanation of what they are planning to do.
Mr.Pagan said they have an old house and there is no insulation in the kitchen. There are no radiators
and they would like to insulate it,first of all. The appliances are outdated. He said they have a door
facing their neighbors,which is not used at all.
• Ms.Pagan said it is facing away from the patio. They want to move the door from one wall to the other,
which is near the window. It's more sensible.
Mr.Gunther asked if it will be facing out,along the same side of the house.
Mr.Pagan said that is correct. He said they actually squared it off.
Ms.Pagan said they squared off a corner of the house,sort of an"L". They are not completely changing
the outlook of it.
Mr.Gunther asked the total size of the addition.
Ms.Pagan said they would be gaining 5 sq.ft.on the inside. She said it's not a lot of space on the inside
they are gaining,23 sq.ft.
Mr.Gunther said that is very small.
Ms.&Mrs.Pagan both agreed that it is very small.
Mr.Gunther asked if there were any questions from Board members. There being none,he asked if there
were any questions.from the public on this application. There being none,on motion of Mr.Gunther,
seconded by Ms.Martin,the following resolution was proposed and ADOPTED unanimously,4-0.
RESOLVED, that this is a Type H action having no significant impact on the environment
pursuant to 6 NYCRR§617 et seq. Accordingly,no further action under SEQRA is required.
On motion of Mr.Winick,seconded by Ms.Martin,the following resolution was ADOPTED:
WHEREAS,Bernice Pagan has submitted an application to the Building Inspector,together with
plans to construct a one-story addition on the premises located at 34 Glen Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 114,Lot 419. The addition as proposed has a side
yard of 8.67 ft.where 10 ft. is required pursuant to Section 249-38B(2)(a);and further, the addition
increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in
an R-7.5 Zone District;and
WHEREAS,the Building Inspector has 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
Section 249-38B(2)(a)and Section 240-69;and
Zoning Board
February 28,2001
Page 3
WHEREAS,Bernice Pagan submitted an application for a variance to this Board for the reasons
set forth in such application;and
WHEREAS,this Board has 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 hearing
thereon;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. The proposed addition is extremely small in length and it continues the existing
house. There will not be an undesirable change produced in the character of the
neighborhood or a detriment to'nearby properties. The encroachment will be
barely noticeable. The applicant is seeking to rationalize the back yard by
moving the steps around,which she couldn't do without the additional space
• created by this application.
B. There is no other reasonable alternative that doesn't involve the granting of an
area variance. Any increase along the side line of the house would have the
same encroachment on the'side yard.
C. The variance is insubstantial,just 23 sq.ft.
D. It will not have an adverse impact on the physical or environmental conditions
• in the neighborhood or district.
E. It is not a self-created difficulty.
F. The granting of this variance is in harmony with the general purposes and intent
of this Ordinance and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
G. 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.
H. The strict application of the Zoning Ordinance and the Town Code would
deprive the applicants of the reasonable use of the land/or building,and the
variance granted by this Board will enable such reasonable use.
NOW,THEREFORE,BE IT
RESOLVED,that the subject application be and the same is GRANTED,subject to the following
conditions:
1. This variance authorizes the construction as shown on the plans presented and no other.
2. The applicant shall obtain a building permit within six(6)months of the filing of this
Resolution.
Zoning Board
February 28,2001
Page 4
3. The building permit shall be void if construction is not started within six(6)months and
completed within two(2)years of the date of said permit.
4. Construction shall be in substantial compliance with the plans submitted in connection
with this application.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law.
Mr.Gunther informed the applicant to see the Building Department during regular hours for a building
permit.
Before calling the next case,Mr.Gunther noted that one new Board member,Richard Coico,is not present
this evening. Unfortunately,he is traveling on business,but will be present at the next meeting. He was
just recently appointed by the Town Board to fill the vacancy created from a retiring member. He
welcomed the new member.
Mr.Gunther said for subsequent applications before the Board,he made mention that only four members
out of the five members are present are present. He said the secretary will call the next application. The
applicant,Nextel of New York,will make some comments. He stated that this is not going,to be a public
hearing. Due to notice requirements, the Board cannot have a public hearing tonight on the Nextel
application. However,the Board will have a public meeting at which Nextel will present its application.
Mr.Gunther said he will recognize anyone in the audience who wishes to be heard. Comments made
tonight will be reflected in the records.
Mr.Winick asked that Mr.Gunther repeat what was just said.
Mr.Gunther said they are not having a public hearing,because there are various notice requirements that
are required for other municipalities beyond the Town of Mamaroneck and the Village of Mamaroneck that
have yet to be completed or satisfied. As a"result,he informed those present that this will be a public
meeting,not a public hearing for the application.
Ms.Gallent said the difference between a public meeting and a public hearing is that at a public hearing
the public is entitled to speak. At a public meeting the public is not entitled to speak,but the chair always
has the discretion to recognize members of the public is he so chooses. It sounds like he so chooses.
Mr.Wexler asked if this information that is being brought forth today will be part of the record.
Ms.Gallent said it is part of the record.
Mr.Gunther said the Board will proceed with hearing information from the applicant and will hear any
comments from anyone in the public who wishes to make comments.
Ms.Gallent said they will be reflected in the Minutes and therefore become a part of the record.
Mr.Gunther said since everyone is here,the Board will proceed. However,the legal part of the public
hearing will not occur until after notice at the next meeting.
Mr.Wexler asked if the Board can ask questions of the applicant.
Ms.Gallent said absolutely.
Mr.Gunther asked if there were any questions from the public on what was just said.
A member of the audience asked when the public hearing will be held.
Zoning Board
February 28,2001
Page 5
Mr.Gunther said that the application before the Board will not be resolved tonight. It will be held over
until the next meeting. He said the Board will hold a public meeting tonight,as opposed to a public
hearing.
Someone from the audience asked if the Board will entertain the questions.
Mr.Gunther said yes,the Board will be happy to hear from anyone who came to the meeting tonight.
Mr.Wexler asked if the applicant will make the same presentation.
Mr.Gunther said yes,the applicant will start making his presentation tonight.
Mr.Gunther asked if there are any other questions. There being none,the Secretary read the application
as follows:
APPLICATION NO.3-CASE 2439
Application of Nextel'of New York,Inc.,d/b/a Nextel Communications,requesting a variance to construct
a public utility facility with antennas on the roof of an existing building on the premises located at 811D
Richbell Road,Building 8,and known on the Tax Assessment Map of the Town of Mamaroneck as Block
408,Lot 86. The public utility facility as proposed is hot a permitted use within the RTA Zone District
pursuant to Section 240-27. Also,the unmanned equipment shelter addition as proposed has a height of
77 ft.4 in.where 70 ft.is permitted pursuant to Section 240-43D(2);and further,the addition incrt.n s
the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an RTA
Zone District.
DUE TO A LARGE PORTION OF THE TAPE RECORDED MINUTES BEING INAUDIBLE,
STEPHEN ALTIERI, THE TOWN ADMINISTRATOR, REQUESTED THAT THE COURT
REPORTER'S TRANSCRIPT FOR THIS PORTION OF THE MEETING BE ORDERED,WHICH
IS ATTACHED HERETO.
APPROVAL OF MINUTES
On a motion made by Mr.Gunther,seconded by Mr.Winick,the Minutes of December 20,2000,were
unanimously approved,4-0.
On a motion made by Mr.Gunther,seconded by Ms.Martin,the Minutes of January 24,2001,were
unanimously approved,4-0.
NEXT MEETING
The next meeting of this Board will be held on March 28,2001.
ADJOURNMENT
On a motion made and seconded,the meeting was adjourned at 9:25 p.m.
Marguerite Roma,Recording Secretary