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HomeMy WebLinkAbout1993_04_28 Zoning Board of Appeals Minutes rp MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK APRIL 28,. 1993, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman Patrick B. Kelleher Nina Recio Arthur Wexler Absent: J. Rene Simon Also Present: Elaine Price, Deputy Supervisor Nancy Rudolph, Counsel Michelle Bonsteel, Assistant Building Inspector Karen Brideau, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 8:16 PM. APPLICATION NO. 1 - CASE 2053 The Secretary read the application as follows. Application of Frank Aurrichio, 5 & 633-35 Fifth Avenue, adjourned from March 24, 1993. Roland Berlingo, attorney, appeared for Mr. Aurrichio. He reiterated the proposed use of the property for bus storage, bus maintenance and realty office. A use variance is being sought, and Mr. Aurrichio submitted information concerning his income and expenses. Mr. Berlingo maintained that Mr. Aurrichio had made a diligent effort to sell his property and had been hampered by delinquent tenants. The location of the property, near the Thruway and Town Yard, have contributed to the problems stated the attorney. He also maintained that Beechmont Bus Service, the proposed tenant, would not change the effect on the neighborhood as it is now located nearby. There would be no increase in the number of trips made by the buses, the buses would go in the same direction and no routes would be changed. Robert Stanziale, architect, also appeared for Mr. Aurrichio; and Charles McGooey, attorney, appeared for Beechmont Bus Service. Mr. Stanziale stated that a sidewalk would have to be installed and that the bus installation would be an improvement over the construction equipment and moving trucks which have been on the site. Zoning Board of Appeals April 28, 1993 -2- Dom Carrillo, realtor, submitted several copies of sale appointments and ads he had placed. There had been one offer of $600,000. Mrs. Rudolph reminded the Board of the strictness of the use statute and that it must grant the minimum variance necessary. Neighbors appearing in opposition were Wynne Stein of the Carleton House and Bea Powers of 33 Maxwell Avenue. Mr. Kelleher stated that he liked the project, but that he could not, at this time, approve it as the presentation had been so poor concerning the economic hardship. Ms. Recio and Mr. Wexler agreed; Mr. Gunther stated that the hardship was self-created. More financial information was necessary. With the consent of the applicant, on motion of Mr. Kelleher, seconded by Ms. Recio, the matter was unanimously adjourned to the next meeting. NEXT MEETING This Board will meet at its regularly scheduled time - May 26, 1993. APPLICATION NO. 2 - CASE 2058 The Secretary read the application as follows. Application of View, Ltd. , Premium Point Road, adjourned from March 24, 1993. Mr. Wexler stated that a good presentation had been made at the last meeting. At that time the application had been referred to the Coastal Zone Management Commission because of the location of the property. CZMC had reported back to this Board which agreed with all of the report except for the use of porous building block as no pavement was being extended. After review, on motion of Mr. Wexler, seconded by Ms. Recio, the following resolution was proposed and adopted unanimously. WHEREAS, the Zoning Board of Appeals having declared its intention to be Lead Agency at its meeting on March 28, 1993, and having notified all involved agencies of this intention and no objection having been raised, NOW, THEREFORE BE IT 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. Zoning Board of Appeals April 28, 1993 -3- After review, on motion by Mr. Wexler, seconded by Ms. Recio, the following resolution was proposed and adopted unanimously. WHEREAS, the Zoning Board of Appeals, having declared itself the Lead Agency finds as follows. 1. There are no substantial adverse changes in existing air quality, ground or surface water quality or quantity, traffic or noise levels. 2. There are no substantial increases in potential for erosion, flooding, leaching or drainage problems. 3. There is no removal or destruction of large quantities of vegetation or fauna; no substantial interference with the movement of any resident or migratory fish or wildlife species; no impact on a significant habitat area; no substantial adverse effect on a threatened or endangered species of animal or plant, or the habitat of such a species; and no other significant adverse effect to natural resources. 4. There is no material conflict with a community's current plans or goals as officially approved or adopted. 5. There is no impairment of the character or quality of important historical, archeological, architectural or aesthetic resources or of existing community or neighborhood character. 6. There is no substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. NOW, THEREFORE, BE IT RESOLVED, that this is a Type I Action having no significant adverse impact on the environment as determined by New York State or corresponding local law, therefore, a Draft Environmental Statement will not be prepared. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were adopted unanimously. WHEREAS, View, Ltd. has submitted an application to the Building Inspector, together with plans for additions on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 510 Lot 100; 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 89-30 B(3) and 89-57; and Zoning Board of Appeals April 28, 1993 -4- WHEREAS, View, Ltd. submitted an application for variances 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; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. The property is an irregularly-shaped peninsula of land and is nearly surrounded on all sides by water. 2. It was represented that the original house was built around 1895. There are no filed plans as the construction predates the requirements of the Town to file such and predates the Town's Zoning Ordinance. 3. The open veranda, which, as proposed, will be enclosed, appears to be a part of the original construction. 4. The rear property line is measured from the irregular mean high water mark where the water mark happens to be the closest to the house at those locations. 5. The project is tasteful and will enhance the character of the neighborhood and will restore the building's architectural integrity and beauty. 6. The character of the property will remain unchanged as a single family residence. 7. In relationship to the nearby properties and the neighborhood, the variances sought are insignificant when taken in view of the size of the premises. There are no adjacent neighbors who will be adversely impacted by the granting of the variances sought. 8. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by View, Ltd. for variances from Sections 89-30 B(3) and 89-57 for additions on the premises with rear yards of 27.2 feet, 22.6 feet and 35.0 feet located at Premium Point Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 510 Lot 100 be and the same is granted, subject to the following conditions. 1. The applicant has agreed to and will adhere to and comply with the conditions set forth in the letter of April 28, 1993, of the Zoning Board of Appeals April 28, 1993 -5- Coastal Zone Management Commission with the exception of the use of porous paving blocks for the driveway. A copy of same is attached hereto and incorporated by reference. 2. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 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. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 4 - CASE 2062 The Secretary read the application as follows. Application of Mr. and Mrs. Daniel Smith requesting variances from Sections 89-36 B(2)(a) and 89-36 B(2)(b) to maintain a side platform and stairs with a side yard of 4.0 ft. where 8.0 ft. is required and a total side yard of 13.9 ft. where 18.0 ft. is required. Further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-2F Zone District on the premises located at 5 Garit Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 176. As Mr. Smith was beginning his presentation, it was realized that his survey was deficient in showing the distance from the rear of the porch to the rear lot line. With the consent of the applicant, on motion of Mr. Wexler, seconded by Ms. Recio, this matter was adjourned to the next meeting. AAAAA APPLICATION NO. 3 - CASE 2061 The Secretary read the application as follows. Application of John Avelino requesting a variance from Section 89-33 B(1) to maintain a front entrance roof with a front yard of 24.5 ft. where 30.0 ft. is required. Further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 22 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 98. On the day of the meeting, Mr. Avelino had requested an adjournment of this matter in writing. Mrs. Bonsteel explained that the applicants were in violation. Mrs. Rudolph advised the Board to adjourn the matter for just one month. Zoning Board of Appeals April 28, 1993 -6- APPLICATION NO. 5 - CASE 2063 The Secretary read the application as follows. Application of Mr. and Mrs. Marvin Hausman requesting a variance from Section 89-34 B(2)(a) to maintain a deck with a side yard of 4.1 ft. where 10.0 ft. is required. Further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-7.5 Zone District on the premises located at 679 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Lot 182. Merritt Mitchell, realtor, appeared on behalf of the applicants. He stated that the deck had been a replacement, that it had been built slightly deeper and that it was screened from the neighbors. After review, on motion of Mr. Gunther, seconded by Ms. Recio, the following resolutions were proposed and adopted 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; 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. Wexler, seconded by Ms. Recio, the following resolutions were adopted unanimously. WHEREAS, Marvin and Simone Hausman have submitted an application to the Building Inspector, together with plans to maintain a side platform and stairs on the premises located at 679 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Lot 182; 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 89-34 B(2)(a), and 89-57; and WHEREAS, the Hausmans submitted an application for variances 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; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variances sought are granted and also finds as follows: Zoning Board of Appeals April 28, 1993 -7- 1. The property is an irregularly-shaped lot causing the deck to be closer to the property line than it would be were this lot rectangular. 2. The wood deck which is partially on grade provides passive recreation in a rear yard which is burdened by a lot which slopes to the rear and from side to side. 3. The deck is in character with the house and with the community. 4. No objections have been made by the neighbors whose property would be most impacted. 5. The granting of these variances 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. 6. The variances are the minimum 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. 7. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Marvin and Simone Hausman for variances from Sections 89-34 B (2)(a) and 89-57 for a deck with a side yard of 4.1 feet at 679 Forest Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Lots 182 be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within thirty (30) days of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 2. 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. 3. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. 4J • AAA APPLICATION NO. 6 - CASE 2064 The Secretary read the application as follows. Zoning Board of Appeals April 28, 1993 -8- Application of Mr. and Mrs. Bruce Weiner requesting a variance from Section 89-67 to maintain an unenclosed off-street parking facility 12.0 ft. for the front property line were 25.0 is required for a residence in an R-7.5 Zone on the premises located at 34 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 250. Bruce Wiener appeared. He stated that his circular driveway was built in 1975 - long before his purchase of the house. It is a convenient place to park, invisible from street and a hardship to remove. Mr. Wiener indicated that he knew the Town's law regarding overnight parking. After review, on motion of Ms. Recio, seconded by Mr. Gunther, the following resolutions were proposed and adopted 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; 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. Wexler, seconded by Mr. Kelleher, the following resolutions were adopted unanimously. WHEREAS, Mr. and Mrs. Bruce Weiner have submitted an application to the Building Inspector, together with plans to maintain an unenclosed off-street parking facility on the premises located at 34 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 250; 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 89-67; and WHEREAS, Mr. and Mrs. Weiner 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; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The circular driveway had been constructed prior to the purchase of the house by the applicants in 1988. Removal would cause an economic hardship. Zoning Board of Appeals April 28, 1993 -9- 2. The driveway is well screened and attractively landscaped. 3. The circular driveway permits easier access during the day., 4. Daytime parking on the street is difficult at or near the applicants' home since it is located at an intersection on Vine Road. 5. The circular driveway permits easier access during the day. 6. 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. 7. The variance is the minimum 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. 8. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Bruce Weiner for a variance from Section 89-67 for an unenclosed off-street parking facility with a front yard of 12.0 ft. on the premises located at 34 Vine Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 250 be and the same is granted, subject to the following conditions. 1. The screening by trees, shrubs and rocks at the site as of April 28, 1993 shall be maintained and/or replaced with comparably sized trees, shrubs and rocks. 2. The unenclosed off-street parking space is to be used exclusively for daytime parking. 3. The applicant shall obtain a building permit within thirty (30 days of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 4. 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. 5. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. Zoning Board of Appeals April 28, 1993 -10- APPLICATION NO. 7 - CASE 2065 The Secretary read the application as follows. Application of Mary DeFrancesco requesting variances from Section 89-33 B(3) and 89-44 A to maintain a walled terrace with a rear yard of 13.5 ft. where 25 ft. is required and walls higher than 3.0 ft. and from Section 89-33 B (2)(a) to maintain an enclosed porch with a side yard of 5.2 ft. where 10.0 ft. is required. Further, both structures increase the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 704 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 1. Dennis Cucinello of Dart Graphics accompanied the applicant and her daughters. He stated that the house was built in 1953, the porch added in 1956 and the terrace in 1970. The additions were made without permit unwittingly by the applicant's late husband. After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were proposed and adopted 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; 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 we adopted by a vote of 3-1, Ms. Recio opposed. WHEREAS, Mary DeFrancesco has submitted an application to the Building Inspector, together with plans to maintain a walled terrace and an enclosed porch on the premises located at 704 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 1; 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 89-33 B(3), 89-44 A, 89-33 B(2)(a) and 89-57; and WHEREAS, Ms. DeFrancesco submitted an application for variances 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; Zoning Board of Appeals April 28, 1993 -11- WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. The applicant represented that the house was constructed in 1953 and that the open porch added in 1956. The porch was later enclosed by the owner's late husband. 2. The property is burdened by two front yards. If the front yard which is considered the house's side yard were added with the narrow side yard, the gross aggregate would be greater than the total side yard setbacks on interior lots in the R-7.5 District. 3. The wall around the patio is three (3) feet; and the wall seems to go with the house. 4. The terrace, which is on grade if constructed without the wall, would be permissible since it is located no closer than five (5) feet to the rear lot line. 5. Removing the nonconforming structures would be an economic hardship. 6. The granting of these variances 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. 7. The variances are the minimum 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. 8. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mary DeFrancesco for variances from Sections 89-33 B(3), 89-44 A, 89-33 B(2)(a) and 89-57 for a walled terrace with a rear yard of 13.5 feet and walls higher than 3.0 feet and for an enclosed porch with a side yard 'of 5.2 feet on the premises located at 704 Forest Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 1 be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within thirty (30) days of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. Zoning Board of Appeals April 28, 1993 -17- 2_ 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. 3. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ADJOURNMENT On motion of Ms. Recio, seconded by Mrs. Kelleher, the meeting was unanimously adjourned at 11:33 PM.