HomeMy WebLinkAbout2020_01_22 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
JANUARY 22, 2020
Present: Arthur Wexler, Chairman, Jonathan Sacks, Stephen Marsh, Seth Bronheim (Alternate)
Also Present: Richard Polcari, Building Inspector, Lisa Hochman, Counsel to the Zoning Board
of Appeals
Absent: Irene O’Neill, Robin Nochinsky
CALL TO ORDER
The meeting was called to order at 7:15 P.M.
Application # 1 - Case # 3170 – Ann Nealon – 35 Briarcliff Road - Public Hearing
Mr. Wexler wished everyone a happy New Year. He further stated that there are only 4
members present and a vote of 3 would be required for approval.
Ms. Brill stated the application was duly noticed.
Nial Duggan, the applicant’s representative, addressed the Board to request legalization of an
existing three-season sunroom. He explained that the roof and pillars were part of the original
construction and the windows were installed about twenty years ago. Mr. Sacks observed that it
is on top of the garage. Mr. Wexler stated that the sum of the two side yards do not meet the
zoning setback requirements, and the garage would not be permitted today.
Mr. Polcari stated that because the porch is enclosed it requires a variance, but as a porch, it was
conforming when built. Mr. Polcari explained that adding the windows increased the degree of
the nonconforming use.
Mr. Duggan stated the windows were installed in the mid 1990’s
The Board discussed the request.
Motion: To open the public hearing
Action: Unanimously approved
Moved by Arthur Wexler, seconded by Stephen Marsh
There were no public questions or comments.
Motion: To close the public hearing
Action: Unanimously approved
Moved by Arthur Wexler, seconded by Stephen Marsh
Motion: To approve the requested variance
Action: Unanimously approved
Moved by Jonathan Sacks, seconded by Stephen Marsh
Vote: Arthur Wexler, Jonathan Sacks, Stephen Marsh, Seth Bronheim
RESOLUTION
35 Briarcliff Road
After review, on motion of Jonathan Sacks, seconded by Stephen Marsh, the following resolution
was proposed and unanimously ADOPTED by a vote of 4 to 0.
Ayes: Arthur Wexler, Chair, Jonathan Sacks, Stephen Marsh, and Seth Bronheim
Nays: None
WHEREAS, Ann Nealon (the “Applicant”) requested a variance for legalization of a 3 season
sunroom on the premises located at 35 Briarcliff Road, Town of Mamaroneck, New York and
known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 20, Lot 242;
and
WHEREAS, the Building Inspector declined to issue such permit on the following grounds: The
sunroom has a combined side yard of 23.4 feet where 25 feet is permitted, pursuant to Section
240-37B(2)(b); 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 Zone District. (the “Notice
of Disapproval”); and
WHEREAS, the Applicant submitted to this Board an application for relief from the requirements
from the Zoning Code; and
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; and
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; and
A. 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.
i. 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 the sunroom
has occupied this footprint and bulk has been there for more than 90 years and,
enclosed with installed windows for more than 20 years, without complaint and the
enclosure will create a negligible impact.
ii. Whether the benefit sought by the applicant can be achieved by some means
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 it is pre-existing
and the owners wish to enclose it to make the space usable during bad weather.
iii. Whether the area variance is substantial.
The Board finds that the variance is not substantial because the encroachment is
only 1.5 linear feet and 15 square feet into required, combined side yards.
iv. Whether the proposed variance will have an adverse impact on the physical or
environmental conditions in the neighborhood.
The Board finds that the variance will not adversely impact the local physical or
environmental conditions because the sunroom is pre-existing and the enclosure
does not increase the footprint or bulk of the house.
v. Whether the difficulty is self-created.
The Board finds that the difficulty is self-created, but that this factor is not
determinative under the circumstances presented.
B. For the reasons stated above, the granting of the 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.
C. 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:
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 by the Building Inspector prior to the granting of the
building permit.
3. The Applicant shall obtain a building permit within (6) months of the filing of this
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 Code.
MINUTES
Motion: To approve the minutes of December 18, 2019
Action: Unanimously approved
Moved by Stephen Marsh, seconded by Jonathan Sacks
Vote: Arthur Wexler, Jonathan Sacks, Stephen Marsh, Seth Bronheim
ADJOURNMENT
The meeting was adjourned at 7:31P.M.
Minutes prepared
Francine M. Brill
Zoning Board of Appeals Secretary