HomeMy WebLinkAbout1994_08_24 Zoning Board of Appeals Minutes DWT
MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
AUGUST 24, 1994, IN THE COURT ROOM, TOWN N N. ti IN?
740 WEST BOSTON POST ROAD 4
MAMARONECK, NEW YORK
• RECEIVED
Present: Thomas E. Gunther, Chairman SEP 7 1994
Patrick J. Kelleher
PATRICIA A.DlCIDCCIO
Nina Recio TOWN CLERK
J. Rene Simon % MAMA/NECK
/NECK
NY
Absent: Arthur Wexler g
Also Present: John Kirkpatrick, Counsel
Michelle Bonsteel, Assistant Building Inspector
Lori Fletcher, 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 7:41 PM.
He explained that with a member absent actions, positive or negative,
would only occur with three of the four members present agreeing.
APPLICATION NO. 1 - CASE 2122
The Secretary read the application as follows.
Application of Ann Pollizzi requesting variances from Section 89-33
B(2) (c) to maintain a garage with a 0.0 ft. rear yard where 5.0 ft. is
required and a 1.2 ft. side yard where 5 ft. is required and from Section
89-57 to increase the extent by which the building fails to meet such
area requirements for a residence in an R-10 Zone District on the
premises located at 98 East Brookside Drive and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 210 Lot 694.
Ms. Recio stated that she was acquainted with Mrs. Pollizzi but that she
could render an impartial decision.
Sebastian and Ann Pollizzi appeared. Mr. Pollizzi stated that they had
been installing a new roof and discovered that the garage had been
illegally enlarged from a one-car garage to a two-car one in 1954. The
Pollizzis had purchased the house in 1975 and had discovered that
neighbors had given an easement in 1959.
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
Zoning Board of Appeals
August 24, 1994
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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. Simon, the following
resolution was ADOPTED unanimously, 4-0.
WHEREAS, Ann Pollizzi has submitted an application to the
Building Inspector, together with plans to maintain an existing
garage on the premises located at 98 East Brookside Drive and known
on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot
694; and
WHEREAS, the Building Inspector has declined to issue such
permit on the grounds that the plans submitted failed to cly with
the Town of Mamaroneck Zoning Ordinance with particular reference to
Sections 89-33 B(2) (c) and 89-57; and
WHEREAS, Mrs. Pollizzi 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 condition, which predate's the applicant's purchase of
the house, has caused no current change in the footprint
of the garage.
2. Prior to the applicant's purchase of the property, the
impacted neighbor had granted an easement for repair to
the extended garage.
3. There is a need for enclosed off-street parking in this
part of the Town.
4. 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.
Zoning Board of Appeals
August 24, 1994
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5. The variances are the minimum to alleviate the difficulty
detailed in the application yet also preserve and protect
the character of the neighborhood and the health, safety
and welfare of the community.
6. The strict application of the Zoning Ordinance and the
Town Code would deprive the applicant of the reasonable
use of the land and/or building, and the variances granted
by this Board will enable such reasonable use.
NOW, THEREFORE, BE IT
RESOLVED, that an application to the Board by Ann Pollizzi for
variances from Sections 89-33 B(2) (c) and 89-57 for a garage with a
rear yard of 0.0 feet and a side yard of 1.2 feet on the premises
located at 98 East Brookside Drive, said premises being known and
designated on the Tax Assessment Map of the Town of Mamaroneck as
Block 210 Lot 295 be and the same is granted, subject to the
following conditions.
1. 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.
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.
*****
APPLICATION NO. 2 - CASE 2123
The Secretary read the application as follows.
Application of Salvatore Ferrotti requesting a variance from Section
89-67 B to maintain a bedroom in the garage with one unenclosed parking
space 7.0 ft. from the front property line where 25.0 ft. is required for
a residence in an R-2F Zone District on the premises located at 17
Blossom Terrace and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 403 Lot 339.
Savatore and Terry Ferrotti appeared together. Mr. Ferrotti stated that
he had changed the use of the garage in 1975 when his mother was ill and
it was necessary for him and his wife to move in with her. He submitted
letters from his mother's doctor and his current neighbors.
After review, on motion of Mr. Gunther, seconded by Mr. Simon, the
following resolutions were proposed and adopted unanimously,4-0.
RESOLVED, that the Zoning Board of Appeals is the Lead Agency
and solely responsible for determining whether the proposed action
Zoning Board of Appeals
August 24, 1994
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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. Simon, seconded by Mr Kelleher, the following
resolutions were ADOPTED 3 - 1, Ms. Recio opposed.
WHEREAS, Salvatore Ferrotti has submitted an application to the
Building Inspector, together with plans to maintain a garage
conversion to a bedroom on the premises located at 17 Blossom
Terrace and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 403 Lot 339; 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 89-67B; and
WHEREAS, Mr. Ferrotti 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;
WAS, 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 conversion was done in 1975. The applicant claimed no
knowledge of its illegality, and there was no objection by
the neighbors of that time.
2. This application causes no change to the neighborhood at
this time.
3. The current neighbors have submitted a petition favoring
the application.
4. The conversion leaves the footprint of the house intact.
5. 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.
6. 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.
• Zoning Board of Appeals
August 24, 1994
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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.
MM, THEREFORE, BE IT
RESOLVED, that an application to the Board by Salvatore
Ferrotti for a variance from Section 89-67 B to construct a garage
conversion into habitable space with unenclosed off-street parking
7.0 feet from the front property line located at 17 Blossom Terrace,
said premises being known and designated on the Tax Assessment Map
of the Town of Mamaroneck as Block 403 Lot 339 be and the same is
granted, subject to the following conditions.
1. 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.
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.
*****
APPLICATION NO. 3 - CASE 2124
The Secretary read the application as follows.
Application of Mamaroneck Unit Owners Corp. requesting variances from
Section 89-37 A to maintain 2 existing apartments requiring 3500 sq. ft.
of land per unit in a complex with 74 units where 56 are allowed; from
Section 89-37 B(3) to allow 24,625 sq. ft. of open space where 29,600 sq.
ft. is required; from Section 89-66 A to allow 31 parking spaces in the
Town where 111 are required; and from Section 89-57 to increase the
extent by which the buildings fail to meet such area requirements for
apartment buildings in an R-GA Zone District on the premises located at
100 Richbell Road and known on the Tax Assessment Map as Block 408 Lot
290.
Roy Raved, contractor, and Bram Fierstein, Managing Agent, represented
the sponsor. Ten to fifteen years ago when the buildings were rental
apartments two storage rooms were converted to apartments for workers.
The sponsor wanted to correct the illegal situation. Mr. Raved stated
that the Board of Architectural Review had approved the exterior
changes.
Mr. Kirkpatrick stated that the 72 current units are legal non-confirming
units.
• Zoning Board of Appeals
August 24, 1994
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Mr. Gunther bad difficulty approving new units with no new parking
spaces, but Mr. Raved stated that any new spaces would encroach on green
space. Mr. Kelleher stated that he would agree to a need for new spaces
if the buildings were new. He stated that the corporation was just
trying to legalize an existing situation.
Mrs. Bonsteel stated that the applicants had approached the Building
Department and there was no input from the Village of Mamaroneck. She
also stated that Site Plan Review was waived for this applicant.
After review, on motion of Mr. Gunther, seconded by Mr. Simon, the
following resolutions were proposed and adopted unanimously, 4-0.
RESOLVED, that the Zoning Board of Appeals finds that this is an
Unlisted Action requiring no coordination with other agencies and
thus the Board is solely responsible for determining whether the
proposed action may have a significant impact on the environment;
and it is
FURTHER RESOLVED, that this Action will have no significant impact
on on the environment as determined by New York State or
corresponding local law, therefore, requiring no further action
under SBQRA.
After review, on motion of Mr. Gunther, seconded by Mr. Simon, the
following resolution was ADOrrtD unanimously.
WHEREAS, Mamaroneck Unit Owners Corp. has submitted an
application to the Building Inspector together with plans to
maintain two existing apartments requiring 3500 square feet of land
per unit in a complex with 74 units where 56 are allowed, having
24,625 square feet of open space where 29,600 square feet is
required and having 31 parking spaces in the Town where 111 are
required on the premises located at 100 Richbell Road and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 408 Lot
290; 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 89-37 A, 89-37 B(5), 89-66 A and 89-57; and
Wes, Mamaroneck Unit Owners Corp. 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 all written communications, and has
heard all persons interested in this application after publication
of a notice thereof and a hearing thereon; and
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:
• Zoning Board of Appeals
August 24, 1994
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I. USE OF TWO APARTMENTS (SECTION 89-37 A)
1. The apartment complex has been in use for at least 40 years;
these two apartments have been in use for at least 15
years. The use predates the current sponsor's purchase.
2. Granting the variance does not change the footprint of the
building.
3. Granting the variance does not dramatically change the use
of the space in the building.
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 variance is the minimum to alleviate the difficulty
detailed in the application, yet also preserve and protect
the character of the neighborhood and the health, safety and
welfare of the community.
6. 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 Mamaroneck Unit
Owners Corp. for a variance from 89-37A to maintain 2 existing
apartments requiring 3500 square feet of land per unit in a complex
with 74 units where 56 are allowed on the premises located at 100
Richbell Road, said premises being known and designated on the Tax
Assessment Map of the Town of Mamaroneck as Block 408 Lot 290 be and
the same is granted, subject to the following conditions.
1. Granting this variance shall not change the status of the
existing nonconforming elements at the site.
2. 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.
3. The building permit shall be void if construction is not
commenced 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.
Zoning Board of Appeals
August 24, 1994
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II. USE OF OPEN SPACE [89-37 B(5)]
1. There is no change in the layout or use of the property.
2. 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.
3. The variance is the minimum to alleviate the difficulty
detailed in the application, yet also preserve and protect
the character of the neighborhood and the health, safety and
welfare of the community.
4. 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 Mamaroneck Unit
Owners Corp. for a variance from 89-37 B(5) to allow 24,625 square
feet of open space where 29,600 square feet is required on the
premises located at 100 Richbell Road, said premises being known and
designated on the Tax Assessment Map of the Town of Mamaroneck as
Block 408 Lot 290 be and the same is granted, subject to the following
conditions.
1. Granting this variance shall not change the status of the
existing nonconforming elements at the site.
2. 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.
3. The building permit shall be void if construction is not
commenced 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.
III. LIMITED PARKING SPACES (Section 89-66 A )
1. The site is severely limited in existing open space, as
noted in the variance granted under Section 89-37 B(5), and
it is currently impossible to add parking spaces other than
by restriping the existing lots and creating spaces smaller
than the Zoning Ordinance allows.
2. This is an original preexisting condition; there is no
change in the use of the property.
• Zoning Board of Appeals
August 24, 1994
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3. 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.
4. The variance is the minimum to alleviate the difficulty
detailed in the application, yet also preserve and protect
the character of the neighborhood and the health, safety and
welfare of the community.
5. 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.
NCR, THEREFORE, BE IT
RESOLVED, that an application to the Board by Mamaroneck Unit
Owners Corp. for a variance from 89-66 A to allow 31 parking spaces
where 111 are required on the premises located at 100 Richbell Road,
said premises being known and designated on the Tax Assessment Map of
the Town of Mamaroneck as Block 408 Lot 290 be and the same is
granted, subject to the following conditions.
1. Granting this variance shall not change the status of the
existing nonconforming elements at the site.
2. 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.
3. The building permit shall be void if construction is not
commenced 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 2125
The Secretary read the application as follows.
Application of Lee R. Greenhouse requesting an extension of time for
variances entered December 22, 1993 from Sections 89-35 B (2) (a) and 89-35
B(2) (b) for a rear addition with a side yard of 6.7 ft. where 8.0 ft. is
required and a. total side yard of 17.1 ft. where 18.0 ft. is required and
from Section 89-57 to increase the extent by which the building fails to
meet such area requirements for a residence in an R-6 Zone District on the
premises located at 7 Dante Street and known on the Tax Assessment. Map of
the Town of Mamaroneck as Block 122 Lot 634.
Zoning Board of Appeals
August 24, 1994
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Mr. Greenhouse appeared. He stated that he had not realized he needed to
start construction in a timely fashion.
After review, on motion of Mr. Gunther, seconded by Ms. Recio, the
following resolutions were proposed and adopted unanimously, by a vote of
4 - 0.
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 Ms. Recio, seconded by Mr. Gunther, the following resolutions
were ADOYTrD unanimously, by a vote of 4 - 0.
WHEREAS, Lee Greenhouse has submitted a request for an extension
of the period of time for variances on the premises located at 7 Dante
Street and known on the Tax Assessment Map of the Town of Mamaroneck
as Block 122 Lot 634; and
WHEREAS, the Building Inspector has declined to issue such permit
on the grounds that he lacks the necessary authority; and
WHEREAS, Mr. Greenhouse 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
outweigh any detriment to the neighborhood if the variance sought is
granted and also finds as follows:
1. The extension is not large and should not impact the
property to the West as that house is much closer to the
street.
2. The addition in and of itself is not cause for the variance.
3. The lot is irregularly shaped.
4. 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.
• Zoning Board of Appeals
August 24, 1994
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5. The variances are the minimum to alleviate the difficulty
detailed in the application yet also preserve and protect
the character of the neighborhood and the health, safety and
welfare of the community.
6. 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 variances granted by this
Board will enable such reasonable use.
NOW, THEREFORE, BE IT
RESOLVED, that a variance, which was previously granted by Board
Resolution entered on December 22, 1993, is extended and is continued
to modify Sections 89-30 B(1) and 89-30 B(3) on the premises located
at 7 Dante Street, said premises being known and designated on the Tax
Assessment Map of the Town of Mamaroneck as Block 508 Lot 30 be and
the same is granted, subject to the following conditions.
1. The applicant shall provide natural screening North of the
existing lilac bush on the east side of his rear yard. Said
screening shall be planted towards the rear for
approximately 8 feet and shall be at least 31/2 feet high.
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.
APPROVAL OF MINUTES
On motion of Mr. Simon, seconded by Mr. Kelleher, the minutes of March 23,
1994 were approved unanimously, 4-0.
On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of March 23,
1994 were approved unanimously, 4-0.
On motion of Ms. Recio, seconded by Mr. Kelleher, the minutes of April 25,
1994 were approved unanimously by those in attendance, 3-0.
It was decided to review the minutes of 'time 29th and vote on them at a
later date.
NEW BUSINESS
Mr. Gunther stated that he had received information concerning pending
changes in SEQRA which he would circulate to the Board.
Zoning Board of Appeals
August 24, 1994
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NEXT MEETING
The next meeting will be held September 28, 1994 at 7:45 PM.
ADJOURNMENT
On motion of Mr. Gunther, seconded by Ms. Recio, the meeting was adjourned
at 9:05 PM.
Bonnie M. Burdick