HomeMy WebLinkAbout2019_07_24 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING
OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK
HELD IN CONFERENCE ROOM "C" OF THE TOWN CENTER
740 WEST BOSTON POST ROAD, MAMARONECK NEW YORK
July 24, 2019
Present: Arthur Wexler, Chair, Stephen Marsh, Jonathan Sacks, Robin Nichinsky
Not Present: Irene O'Neill
Also Present: Richard Polcari, Building Inspector, Lisa Hochman Counsel to Zoning Board of
Appeals
Mr. Wexler stated that the Zoning Board is a five member body and a majority (i.e., three
members) are required to approve any application.
CALL TO ORDER
The meeting was called to order at 7:18P.M.
MINUTES
Motion: To approve the minutes of June 26, 2019 with a technical correction.
Action: Unanimously approved
Moved by Jonathan Sacks, seconded by Stephen Marsh
Vote: Arthur Wexler, Chair, Stephen Marsh, Jonathan Sacks, Robin Nichinsky
APPLICATION NO. 1 CASE NO. 3159 Deana Colon 7 Blossom Terrace
Public Hearing continued
Board members stated they visited the site again.
Deana Colon stated she replaced a fence installed in 2003 in kind, 4 feet from the edge of the
retaining wall, she didn't realize she did anything wrong replacing the fence.
She gave a letter from the fence company marked Exhibit 1 7-24-2019
3 neighboring parcel are effected.
The Board discussed the fence code, Mr. Polcari read the definition of the fence in the code
The Board discussed the plantings.
Ms. Colon stated in 2003 she asked to put the fence on the edge of the wall and the variance was
denied, she placed the fence 4 feet in and was directed to plant evergreens on the wall to screen
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the fence. All the fence company did was remove the old fence and place new panels on the
existing posts.
Ms. Colon stated she went to the neighbors and there is no resolution.
Public Comments
Bill Colella of 1065 Palmer Avenue stated he is also speaking on behalf of the owner of 1075
Palmer Avenue he stated that all this would have been avoided if she asked for a permit. He
further stated that the fence is now 15 inches higher as Ms. Colon raised her property over the
years. The fence company just cut the old fence bottom and placed a 5 foot fence on the existing
posts.
Mr. Sacks stated there may be a height variance also required. There are portions of the fence
that appear to be 6 foot high.
Ms. Colon gave pictures from the neighbor's back yard facing the fence marked Exhibit 2
7/24/19.
Ms. Colon stated she will plant more evergreens if required.
Mr. Marsh asked the neighbor what he objected to the most, and Mr. Colella responded that the
fence should be installed as the code requires. The plantings are encroaching, and would like to
see them removed.
Mr. Colella showed a photo of the original fence. The replacement fence top horizontal slat is
above the original posts.
Mr. Wexler suggested an adjournment as the fence may need a height variance.
The applicant requested an adjournment.
Mr. Polcari stated he will speak with the fence company.
Ms. Nichinsky stated the fence company should take some responsibility.
ADJOURNMENT
On motion of Arthur Wexler, seconded by Stephen Marsh the meeting was adjourned at
8:09P.M.
Minutes prepared by
Francine M. Brill, Planning Board Secretary
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