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HomeMy WebLinkAbout1990_04_24 Zoning Board of Appeals Minutes (2) MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK APRIL 24, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Absent: Arthur Wexler Also Present: Lee A. Hoffman, Jr. , Counsel Richard Carroll, Ass't Building Inspector Barbara Terranova, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:25 PM. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mrs. Kelleher, the minutes of September 27, 1989 were unanimously approved. APPLICATION NO. 3 - CASE 970 (Mr. Negrin switched the order of the agenda with the consent of those involved in order to give Mr. Wexler, who was presumed to be late, a chance to participate in the first two cases. ) Mr. Gunther read the application as follows: Application of Mr. and Mrs. L. Gould requesting a variance from Section 89-34 B(1) to reduce the front yard from 30.0 feet required to 26.0 feet for the proposed construction of a rear kitchen addition which will increase the extent by which the existing structure fails to conform pursuant to Section 89-57, in an R-7.5 Zone District. The proposed construction is in a front yard as defined in the Town of Mamaroneck Zoning Code but is at the back of the house as constructed on the premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 89. Mr. Gould appeared on behalf of the application. He stated that the house, built in 1927, was already non-conforming and is placed on an irregularly shaped lot with two front yards. An addition is necessary to the kitchen because it is inadequate. The small size creates a safety 4/24/90 Page 2 hazard as well as inconvenience. Mr. Gould's neighbors, he stated, have no objection to the addition; it will not impinge on their privacy. Mr. Gould stated that other housed in the neighborhood have similar additions and that there is no other way to make an addition as the internal configuration of the house constricts the design. The bedroom which exists on the first floor must remain as there are elderly parents on both sides of the family. Also, the garage and driveway are inhibiting factors to expansion. Mr. Negrin noted that the house actually has three front yards according to the Zoning Ordinance and that part of the existing house is 15 to 20 feet from Echo Lane while the proposed addition is further from Echo Lane. On motion of Mr. Gunther, seconded by Mr. Simon it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. L. Gould have submitted an application to the Building Inspector, together with plans to construct a rear kitchen addition on the premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1448; 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 89-57; and WHEREAS, Mr. and Mrs. Gould submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT 4/24/90 Page 3 RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The size of the kitchen is too small creating a safety hazard for a family including young children; 2. This addition is a modest infringement to the setback requirements; 3. The house is set on an irregularly-shaped lot which is bounded on three sides by streets causing three front yards and more stringent requirements thereto; 4. The house does not conform to the Ordinance, in that the side yard is between 15 and 21 feet; 5. There is no encroachment on other houses or yards; 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the 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; and 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-34 B(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear addition to the kitchen on the premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 89 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. **** 4/24/90 Page 4 APPLICATION NO. 4 - CASE 971 The Recording Secretary read the application as follows: Application of Mr. and Mrs. R. McKeon requesting variances from Section 89-35 B(2)(a) and (b) to reduce the side yard from 8.0 feet required to 6.0 feet and the total side yards from 18.0 feet required to 17.60 feet, Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 18.0 feet for the proposed construction of a rear deck which will increase the extent by which the existing structure fails to conform pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 106 West Garden Road and known of the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 830. Mr. McKeon appeared on behalf of the application. He stated that a greenhouse had been removed upon their purchase of the property which covered half of the site of the proposed deck. Said deck will be small to allow use of the yard; a door will be covered which had provided access to the garage; and trees have been planted for privacy at the end of the yard. Mr. McKeon stated that tall trees screen the area of the deck from its immediate neighbors and that none of his neighbors had problems with the proposal. A neighbor's garage is close to the proposed deck area. Mr. McKeon stated that the house is on an irregularly-shaped lot and is only 6 feet from the property line. On motion of Mr. Gunther, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. R. McKeon have submitted an application to the Building Inspector, together with plans, to construct a rear deck on the premises located at 106 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 830; 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 Sections 89-35 B (2)(a) and (b) , 89-35 B (3) and 89-57; and WHEREAS, Mr. and Mrs. McKeon submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and 4/24/90 Page 5 WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The house is placed on an irregularly shaped lot; 2. Tall trees screen the property at the site of the proposed deck. 3. The back yard has a garage encroaching into it. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. The granting of the 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; and 6. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B(2)(a) & (b), 89-35 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 106 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 830 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. 4/24/90 Page 6 APPLICATION NO. 1 - CASE 962 The Recording Secretary read the application as follows: Submission of Landscape Plan - 21 North Chatsworth Owners Corporation David Carruth, Landscape Architect, appeared on behalf of the application. He demonstrated his plans for the garbage enclosure. Mr. Carruth proposed painting the stockade fence a mottled brown, planting a mixture of taxus and juniper there and also planting vines - winter creeper and English ivy - at the enclosure. The bushes will be large. Pachysandra will also be planted at that site; andromeda will be planted from the enclosure and down Jefferson Street. . Mr. Carruth stated that the corporation would lose one parking space if plantings were required on three sides of the enclosure as this Board had mandated. He stated that pavement and curb are on one side and that 12 inches of soil is necessary there for planting. Mr. Hoffman stated that the original variance could be amended and that. should the proposed planting not work as intended, Mr. Carruth would have to come back to this Board with new plans. Mr. Carruth suggested that planting boxes could be an alternative. On motion of Mr. Negrin, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, 21 North Chatsworth Owners Corporation has submitted an application to the Building Inspector, together with plans to retain a cedar-fenced garbage enclosure on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 514; and WHEREAS, a variance was granted on March 28, 1990 by this Board with a condition that a landscape plan be submitted for approval; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. A parking space would be lost should the garbage enclosure be planted on three sides; 2. Letters and comments have been received from neighboring apartment house dwellers favorable to the location of the enclosure. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application 4/24/90 Page 7 4. The granting of the 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; and 5. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that an amended variance is hereby granted and that Section 89-39 B(1) , 89-39 B(3)(b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a garbage enclosure on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 514 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following conditions shall attach to the variance: 1. The fence shall be painted and the planting shall be done in accordance with the landscape plan filed with the Building Inspector which is entitled "Shrub and Ground Cover Planting Detail", dated April 16, 1990, and an untitled drawing showing fence-color 2. 21 North Chatsworth Owners Corporation its successors and assigns shall be responsible for the permanent maintenance of the enclosure and the plantings. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 2 - CASE 957 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Katz requesting variances for the proposed construction of a pool with patio. The pool as proposed would be located within 10.0 feet of the rear lot line and the patio would be 6.0 feet from the rear lot line where 20.0 feet is required pursuant to Section14048 A (2) ; further the pool would be 8.5 feet and the pool patio 4/24/90 Page 8 would be 4.0 feet from the principal structure where 15.0 feet is required pursuant to Section 14-48 A(1) , in an R-20 Zone District, on the premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1448. Mr. and Mrs. Katz and William Widulski, Engineer, appeared on behalf of this application. The Katzes' neighbor, John Helmrich, appeared against the application. The project for a pool and patio had been re-designed. Mr. Widulski stated that particular conditions of the site caused a design which required setback variances. The front yard had had to be large at the time of construction to accommodate a septic field, and there is a slope to the land at the side which extends to the back. The back yard is small. The proposed pool would have part of the rear yard built up 2a to 3 feet, and the depth of the pool would be determined by the amount of subterranean soil found so that no blasting would be done. The pool would be screened with a chain link fence which could have green tape woven through the links. Said fence would have a self-closing, self-locking gate. Trees have been planted, and evergreens would be planted at the side of the yard close to the nearest neighbors. The patio would include drainage holes and a dry well would be constructed. A swale will be constructed to assist in the drainage of ground water. Mr. Widulski stated that no loud speakers, lights or diving board would be installed. Mr. Gunther noted that the fence to be installed near the house would be 1 to 2 feet from the lower edge of the roof. Mr. Helmrich stated for the record that four of the five neighbors had objected to the pool plans: the Akazians, the Helmriches, Mrs. Romer and the Charlas. He stated that he felt that the proposed pool is too big for the size of the back yard. He reiterated the concerns he had previously stated: The danger to his children; diminution of privacy, bucolic setting and to the value of his house. Mr. Helmrich stated that the Board was charged to consider an application with respect to unnecessary hardship or practical difficulty and that he saw neither aspect in this application. On motion of Mr. Gunther, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. The members were surveyed to express their views at this juncture. All of them had difficulty seeing a practical difficulty or hardship in this case, while sympathizing with the homeowner's desire to construct a pool in his yard. Mr. Gunther and Mr. Negrin were concerned about the size of the pool, the wall and the deck in relation to the size of the yard. 4/24/90 Page 9 Mr. Negrin stated that no need had been shown for the pool and that to grant a variance, if any, the encroachment must be the least one possible. This proposal would have approximately 40% of the structure outside of the permissible envelope. Mr. Kelleher suggested that the applicant could remove rock without blasting in order to lower the pool, and Mr. Widulski stated that a design could be made involving shoring-up earth rather than building the high, long wall proposed. Mr. Kelleher requested that new plans be circulated to the neighbors, and Mr. Helmrich asked that a six-foot high wooden fence be constructed on his side of the property. The application was withdrawn. NEXT MEETING The Board determined that its next meeting would be May 23, 1990. Mr. Negrin asked that the members make an effort to study Mr. Jakubowski's memorandum concerning Code changes so that a recommendation could be made to the Town Board at the next meeting. ADJOURNMENT On motion of Mr. Simon, seconded by Mr. Gunther, the meeting was adjourned at 10:10 PM. ,672241...Pv ./.(l>_cZ/Z Bonnie M. Burdick