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HomeMy WebLinkAbout1991_08_21 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK AUGUST 21, 1991, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK �.) /0) Present: Joel Negrin, Chairman Thomas E. Gunther __ RECEIVE, Patrick B. Kelleher ere J. Rene Simon PglglClq 23 1991 Arthur Wexler Tot�ti•tE p -1O i vI ARONEc Y. K Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Marci Dustin, 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 Negrin at 8:25 PM. APPLICATION NO. 1 - CASE 1050 Mr. Negrin read the application as follows: Application of Mr. J. Avelino, 124 East Garden Road adjourned from the meeting of July 16, 1991. Michael O'Reilly, by letter, had requested that the Board postpone this hearing. Mr. Negrin stated that the Board had decided to hear it at this meeting. Mr. Simon had recused himself from this application. Donald S. Mazin, attorney, appeared on behalf of this application. He stated that the plans had been re-worked so that the only request was for a bay window and a front setback of 20.08 feet where 30 feet is required. He submitted a medical certificate delineating Mr. Avelino's condition. Mr. Mazin stated that for physical safety reasons the Avelinos had left Brooklyn to be near a son. He stated that trees would screen the addition. Mr. Mazin stated that a self-created hardship would not prevent the Board from granting a variance. Mr. Hoffman agreed. Mr. Mazin also stated that there are adjacent house with abutments. Those in the audience appearing were Robert Conkling, 130 Fast Garden Road; James Miller, 8 Stoneyside Drive; Walter Levy, 35 Ellsworth Road; another James Miller, 14 East Brookside Drive; John Ortiz, 39 Ellsworth Road; Allen Wolf, 10 East Brookside Drive; and Frank Hart, 115 East August 21, 1991 -2- Garden Road. They complained about Mr. Avelino, Jr.'s failure to complete his addition, stated that this addition would show at eye level through the trees and questioned the plan of elderly people to create more house. It was the consensus of those speaking that the Brook area is a public trust; it should not change. Mr. Mazin stated that the addition would not be seen from the Brook and that change is inevitable in society. Mr. Hoffman stated that there was a possible interpretation of 89-3 concerning interior land that would make this addition legal. It was also determined that a legal 20 by 10 foot addition could be made with the building envelope. The Board, with counsel's assent, decided to proceed on the basis of the original application. On motion of Mr. Wexler, 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 SEQPA. On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were adopted, 3-1-1, with Mr. Wexler opposed and Mr. Simon recused. WHEREAS, Mr. J. Avelino has submitted an application to the Building Inspector, together with plans, to construct an addition and bay window; 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 (1) and 89-44 B on the premises located at 124 Fast Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 280; and WHEREAS, Mr. Avelino submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnPrpssary 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 August 21, 1991 -3- RESOLVED, that this Board hereby denies the application on the following grounds: 1. The hardship presented as grounds for the variance was legally insufficient. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ****** ADJOURNMENT Mr. Negrin temporarily adjourned the meeting at 9:50 PM and re-opened it at 9:57 PM. APPLICATION NO. 2 - CASE 1053 The Secretary read the application as follows: Application of Mr. and Mrs. M. Weisburgh requesting a variance to retain a garage and patio. The garage as erected has a rear yard of 2.41 feet and a side yard of 2.62 feet where 5.0 feet is required pursuant to Section 89-33 B(2) (c) and the patio has a side yard of 2.85 feet where 5.0 feet is required pursuant to Section 89-44 A, in an R-10 Zone District, on the premises located at 19 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 810. Mrs. Weisburgh appeared on behalf of the application. She stated that a previous owner had begun the procedure of obtaining a Certificate of Occupancy but never finished it. Mr. Jakubowski stated that, at the time of building, the construction would have been legal if the process had been completed. The problem was discovered by the bank financing the purchase of the house by new owners. 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. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. M. Weisburgh have submitted an application to the Building Inspector, together with plans, to retain a garage and patio on the premises located at 19 West Brookside Drive and known on the Tax Assessment Map of the TO n of Mamaroneck as Block 217 Lot 810; and August 21, 1991 -4- 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(2) (c) and 89-44 A; and WHEREAS, Mr. and Mrs. Weisburgh 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 RESOLVED, that this Board finds that there are special circumstanr.Pc and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The patio and garage have been there for an extended period of time probably dating back to when they would have been permitted. 2. Removal of the patio and garage would create an economic hardship. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 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. 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 a variance is hereby granted and that Sections 89-33 B(2) (c) and 89-44 A of the Zoning Ordinance be varied and modified so as to allow the retention of a patio and garage on the premises located at 19 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 810 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 • August 21, 1991 -5- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 3 - CASE 1056 The Secretary read the application as follows: Application of Mr. and Mrs. D. Horan requesting a variance from Section 89-35 B(2) (a) to reduce the side yard from 8'0" required to 7'2" for the proposed expansion and enclosure of an existing screened porch which increases the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 23 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Lot 294. Mr. and Mrs. Horan appeared on behalf of their application. They proposed enclosing their screened porch and adding six feet. Their lot is the shape of a parallelogram. Therefore, a small portion of the proposed construction would encroach. No windows will overlook the neighbors. Mr. Horan stated that his neighbors did not object to the proposal. The variance is for approximately 8 square feet. On motion of Mr. Wexler, seconded by Mr. Gunther, 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. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr and Mrs. D. Horan have submitted an application to the Building Inspector, together with plans, to expand and enclose an existing screened porch on the premises located at 23 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Lot 294; 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 89-57; and WHEREAS, Mr. and Mrs. Horan submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnPrimssary hardship for the reasons set forth in such application; and • August 21, 1991 -6- 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 circumstanres and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The variance is minimal in nature. 2. The lot is irregularly shaped. A variance is necessary to build the new addition in line with the house. 3. The proposed structure is in context with the house and the neighborhood. 4. A significant portion of the proposed addition is an existing structure. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. 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. 7. 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) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the expansion and enclosure of an existing screened porch on the premises located at 23 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Lot 294 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 condition shall attach to the variance: The applicant shall maintain the screening next to his house. 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 • August 21, 1991 -7- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 4 - CASE 1057 The Secretary read the application as follows: Application of Mr. and Mrs. M. McNeil requesting a Certificate of Occupancy for a one-story addition. The addition is required to have a side yard of 6.57 feet and a total side yard of 10.19 feet pursuant to a variance granted on September 28, 1983 and has an actual side yard of 5.74 feet and a total side yard of 9.36 feet where a side yard of 10.0 feet and a total side yard of 25.0 feet is required pursuant to Section 89-33 B(2) (a)&(b) . Further, the addition increases the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 128 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 96. Mr. and Mrs. McNeil appeared on behalf of the application. They stated that they thought that they had conformed when they build the addition. They did not know that they needed a survey or a Certificate of Occupancy until 8 years later. The addition is .84 too big in one corner. On motion of Mr. Wexler, seconded by Mr. Gunther, 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 SEQPA. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were adopted. WHEREAS, Mr. and Mrs. M. McNeil have submitted an application to the Building Inspector,together with plans, to obtain a Certificate of Occupancy for a one-story addition on the premises located at 128 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 96; 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(2) (a)&(b) and 89-57; and WHEREAS, Mr. and Mrs. McNeil 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 August 21, 1991 -8- 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. It would be a hardship to correct the inconsistency. 2. The variance is very small in nature - about three square feet. 3. The applicants find themselves in this situation because the construction was done slightly over-sized. 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. 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 89-33 B(2) (a)&(b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the granting of a Certificate of Occupancy on the premises located at 128 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 96 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 completind 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 ***** August 21, 1991 -9- APPLICATION NO. 5 - CASE 1058 The Secretary read the application as follows: Application of Mr. K. Neumeister requesting a variance for the proposed construction of a rear deck and stairs. The deck as proposed excIPPds themaxi_mum height of 6 inches above grade as allowed by Section 89-44 and is therefore too close to the rear property line. The rear yard is proposed at 13.0 feet where 25.0 feet is required pursuant to Section 89-36 B(3) , in an R-2F Zone District, on the premises located at 12 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 318. Mr. and Mrs. Neumeister appeared on behalf of the application. Mr. Neumeister stated that their back stairs are rotting and need replacement. He stated that a deck would minimize the railroad tracks behind the house. He also stated that many of the neighbors have patios and that the Neumeisters felt that the proposed deck would enhance their property. The yard is screened on one side by a fence and on the other by bushes. 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. Simon, seconded by Mr. Wexler, the following resolutions were unanimously adopted. WHEREAS, Mr. K. Neumeister has submitted an application to the Building Inspector, together with plans, for the proposed construction of a rear deck and stairs on the premises located at 12 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 318; 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 89-36 B(3) ; and WHEREAS, Mr. Neumeister 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; August 21, 1991 -10- 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 proposed deck is very close to ground level. 2. There is screening on both sides of the yard. 3. The rear yard fare the railroad. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 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. 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 a variance is hereby granted and that Section 89-36 B(3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck and stairs on the premises located at 12 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 318 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. ***** APPLICATION NO. 6 - CASE 1059 The Secretary read the application as follows: Application of Mr. and Mrs. J. Kronfeld requesting a variance fLula Section 89-33 B(2) (a)&(b) to reduce the side yard front 10.0 feet required to 4.5 feet and the total side yard from 25.0 feet required to 19.9 feet August 21, 1991 -11- for the proposed construction of an attached garage and two story addition, in an R-10 Zone District, on the premises located at 89 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 1. Mr. Kronfeld appeared with Anthony thisera, builder. He stated that the house, which is 1900 square feet, had become very cramped with two growing children. He had planned to extend his house to his garage until Mr. Jakubowski told him that such a plan would be illegal under the State safety code. Instead, the garage will be demolished and added to the house with a safety wall. Mr. Kronfeld would like an attached garage for the convenience of the children and during bad weather. A detached garage to the rear of the property would not work well as the property slopes. Mr. Wexler stated that the addition was very large. 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 SEQPA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were adopted, 4-1, Mr. Wexler opposed. WHEREAS, Mr. and Mrs. J. Kronfeld have submitted an application to the Building Inspector, together with plans, for the proposed construction of a attached garage and a two story addition on the premises located at 89 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 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 Section 89-33 B(2) (a)&(b) ; and WHEREAS, Mr. and Mrs. Kronfeld 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; , August 21, 1991 -12- NOW, T EREFORE, 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 topography demonstrates that the proposed plan is the most responsible layout. 2. The applicants worked with the Building Inspector to modify the plans to address New York State Fire Codes. 3. The proposed garage is further away from the property line than the existing non-conforming structure. 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. 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 Section 89-33 B(2) (a)&(b) of the Zoning Ordinance be varied and modified so as to allow the construction of an attached garage and two-story addition on the premises located at 89 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 lot 1 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 ***** August 21, 1991 -13- NEXT MEETING Since Mr. Kelleher will be away for an extended period in September, the next meeting will be held October 3, 1991. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Gunther, the meeting was adjourned at 10:55 PM. Bonnie M. Burdick