HomeMy WebLinkAbout1993_08_25 Zoning Board of Appeals Minutes 1( i} I
MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
AUGUST 25, 1993, IN THE COURTROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Thomas E. Gunther, Chairman ECE{��En
Patrick E. Kelleher SFP 1F 1993 J. Rene Simon PATRICIA A
Arthur Wexler MO/CLERK0����CCIO
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N.Y. CK
Absent: Nina Recio
Also Present: John Kirkpatrick, Counsel
Michelle Bonsteel, Assistant Building Inspector
C. Alan Mason, CZMC
Laurie 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 8:17 PM.
APPLICATION NO. 1 - CASE 2071
The Secretary read the application as follows.
Application of Santina Pittera for an interpretation pursuant to 89-77
B(1) that the premises have been used for 5 or more units prior to the
time of the adoption of or any amendment to the Zoning Ordinance
prohibiting such usage, and resolving that 5 and no more than 5 units will
hereafter exist on the premises;
OR alternatively for an interpretation that when a use exists and an
addition or modification is made thereto that the Zoning Ordinance
provisions only apply to such addition or modification and do not require
the legalization of the existing use or structure;
OR alternatively for variances as follows: from Section 89-56 A to add 1
dwelling unit to the existing nonconforming 4 dwelling units; from Section
89-34 A(1) to allow a lot area of 2,105 sq. ft. per dwelling unit where
7,500 sq. ft. is required; from Section 89-34 B(5) to allow open space of
300 sq. ft. per dwelling unit where 1,200 sq. ft. per unit is required;
from Section 89-67 A to allow off-street parking for 2 vehicles where 8
spaces are required; and from 89-67 B to allow a 4.0 ft. setback for one
of the provided parking spaces where 25.0 ft. is required for an
unenclosed off-street parking facility and to allow vehicles to back out
into a public street for a residence in an R-7.5 Zone District on the
premises located at 30 Lester Place and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 130 Lot 128.
Zoning Board of Appeals
August 25, 1993
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Mr. Kirkpatrick stated that the new State law enables the ZBA to act in an
appellate way.
Donald S. Mazin, attorney, appeared with Sandi Longhi, the applicant'.s
daughter. Also appearing were Ann Pittera and Mary Iacavelli, long-time
residents of Lester Place. Mr. Mazin stated that the house is in an
unusual part of the Town and demonstrated pictures of nearby businesses,
the dump and the Thruway. He claimed that up to eight families had lived
in the house and that the assessor had taxed for up to eight families.
After review, on motion of Mr. Wexler, 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
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 defeated by a vote of 2 - 2, Mr. Kelleher and Mr. Wexler opposed.
WHEREAS, Santina Pittera has requested an interpretation that the
premises have been used for five (5) or more units prior to the time of
the adoption of or any amendment to the Zoning Ordinance prohibiting such
usage and resolving that five (5) and no more than five (5) units will
hereafter exist on the premises located at 30 Lester Place and known on
the Tax Assessment Map of the Town of Mamaroneck as Bloc 130 Lot 128; and
WHEREAS, the Building Inspector has ruled that the building does not
qualify for said use; and
WHEREAS, Mrs. Pittera submitted an application to overrule such
interpretation of the Building Inspector 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.
NOW, THEREFORE, BE IT
RESOLVED, that the request for the interpretation pursuant to 89-77
B(1) be granted for the following reasons:
1. Certifications from prior ZBA decisions make mention of at least
five units.
Zoning Board of Appeals
August 25, 1993
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- 6 '
2. While not determinative, it is indicative that the Tax Assessor
was aware of more than 5 units.
3. Testimony of a relative of the applicant stated that a former
Building Inspector knew that the premises included five or more
units.
Failing to obtain the necessary majority of the members to overrule his
decision, the interpretation of the Building Inspector is therefore
confirmed.
Mr. Mazin reiterated that the file was replete with evidence that the ZBA
had verified the house as a five-family one.
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;
FURTHER RESOLVED, that this Action will have 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 resolution
was adopted unanimously 4 - 0.
WHEREAS, Santina Pittera has requested an interpretation that when a
use exists and an addition or modification is made thereto that the Zoning
Ordinance provision only apply to such addition or modification and do not
require the legalization of the existing use or structure; and
' WHEREAS, the Building Inspector has ruled that legalization of the
existing use or structure is required; and
WHEREAS, Mrs. Pittera submitted an application to overrule such
interpretation of the Building Inspector 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.
NOW, THEREFORE, BE IT
RESOLVED, that the request for the interpretation pursuant be denied
for the following reasons:
. The issue is a matter of broad application more appropriately
addressed by the Town Board as a zoning amendment.
Zoning Board of Appeals
August 25, 1993
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Failing to obtain the necessary majority of the members to overrule his
decision, the interpretation of the Building Inspector is therefore
confirmed.
Since the Board had heard an application for a nearby property which
caused many neighbors on Lester Place to complain about parking, the Board
questioned the statement that parking was no problem. It was felt that
some more spaces could be placed on the premises. Mr. Mazin, with Mrs.
Longhi's consent, agreed to submit additional information regarding the
parking aspects of the variance application indicating alternatives.
After review, on motion of Mr. Wexler, seconded by Mr. Gunther, 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; 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. Simon, the following
resolutions were adopted unanimously, by a vote of 4 - 0.
WHEREAS, Santina Pittera has submitted an application to the Building
Inspector, together with plans to add one dwelling unit to the existing
nonconforming four dwelling units, to allow a lot area of 2,105 square
feet per dwelling unit; and to allow open space of 300 square feet per
unit for the premises located at 30 Lester Place and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 130 Lot 128; 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 89-56 A,
89-34 A(1) and 89-34 B(5); and
WHEREAS, Mrs. Pittera 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 variance sought is granted and also
finds as follows:
1. Certifications from prior ZBA decisions make mention of at least
five units
2. While not determinative, it is indicative that the Tax Assessor
was aware of more than five units.
Zoning Board of Appeals
August 25, 1993
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3. 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.
4. 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.
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.
NOW, THEREFORE, BE IT
RESOLVED, that an application to the Board by Santina Pittera for
variances from Section 89-56 A(2)(a) to add one dwelling unit to the
existing nonconforming four dwelling units, from Section 89-34 A(1) to
allow a lot area of 2,105 square feet per dwelling unit and from Section
89-34 B(5) to allow 300 square feet of open space per dwelling unit to
maintain a five-family house located at 30 Lester Place, said premises
being known and designated on the Tax Assessment Map of the Town of
Mamaroneck as Block 130 Lot 128 be and the same is granted, subject to
the following conditions.
1. A complete set of "as-built" drawings shall be submitted to the
Building Department.
2. 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.
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.
srir***
ADJOURNMENT
Mr. Gunther temporarily adjourned the meeting at 9:58 and re-opened it at
10:08 PM.
APPLICATION NO. 2 - CASE 2073
The Secretary read the application as follows:
Application of Mary McGee requesting variances from Section 89-34 B(1) to
construct a rear addition with two front yards with 25.0 ft. setbacks
where 30.0 ft. is required, from Section 89-34 B(2)(a) for a side yard of
Zoning Board of Appeals
August 25, 1993
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7.91 ft. where 10.0 ft. is required, from Section 89-34 B(2)(b) for a
total side yard of 17.91 ft. where 20.0 ft. is required, from Section
89-34 C(3) for a third floor dormer where 22 stories are allowed 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-7.5 Zone District on the
premises located at 40 Vine Road and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 108 Lot 46.
Robert Stanziale, architect, appeared before the Board. He stated that
the McGee's were now financially able to add to this house and wished to
stay there. The McGees are burdened by two front lots. The dormer is
only for storage.
After review, on motion of Mr. Gunther, seconded by Mr. Wexler, 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 Mr. Wexler, seconded by Mr. Gunther, the following
resolutions were adopted unanimously, by a vote of 4 - 0.
WHEREAS, Mary McGee has submitted an application to the Building
Inspector, together-with plans to construct a rear addition and to extend
the third-floor dormer on the premises located at 40 Vine Road and known
on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Lot 46;
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(1), 89-34 B(2)(a), 89-34 B(2)(b), 89-34 C(3) and 89-57; and
WHEREAS, Mrs. McGee 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 variance sought is granted and
also finds as follows:
Zoning Board of Appeals
August 25, 1993
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1. The house is burdened by two front yards.
2. The proposed additions do not encroach into the side yard.
3. The proposed additions do not encroach beyond the current
setbacks.
4. 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.
5. 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.
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 Mary McGee for
variances from Section 89-34 B(1) for a front yard at the rear of the
building of 25.0 feet, from Section 89-34 B(2)(a) for a side yard of. 7.91
feet, from Section 89-34 B(2)(b) for a total side yard of 17.91 feet,
from Section 89-34 C(3) to allow a third-floor dormer and from Section
89-57 located at 40 Vine Road, said premises being known and designated
on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Lot 46
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.
APPLICATION NO. 3 - CASE 2074
The Secretary read the application as follows.
Application of Paul Egley requesting variances from Section 89-33 B(2)(a)
to maintain a rear concrete deck and enclosed unheated sunroom with a
side yard for the deck of 6.0 ft. where 10.0 ft. is required and a side
yard of 9.15 feet for the sunroom where 10.0 is required and from Section
89-33 B(2)(b) for a total side yard for the sunroom of 15.15 ft. where
25.0 ft. is required. Further, both alterations represent increases in
Zoning Board of Appeals
August 25, 1993
-8-
the extent by which the building fails to meet such area requirements
pursuant to Section 89-57 for a residence in R-10 Zone District on the
premises located at 39 Lansdowne Drive and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 219 Lot 346.
Mr. Egley stated that his sunroom was heated. However, Mr. Kirkpatrick
stated that such a noticing mistake was minor and did not matter. Mr.
Egley has owned the house since 1964, and the porch was in place at that
time.
After review, on motion of Mr. Wexler, seconded by Mr. Kelleher, 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 Mr. Simon, seconded by Mr. Kelleher, the following
resolutions were adopted unanimously, by a vote of 4 - 0.
WHEREAS, Paul Egley has submitted an application to the Building
Inspector, together with plans to maintain a rear deck and enclosed
heated sunroom on the premises located at 39 Lansdowne Drive known on the
Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 346; 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), 89-33 B(2)(b) and 89-57; and
WHEREAS, Mr. Egley 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 deck and sunroom have been in place since 1964.
2. The structures are consistent with the design of the house.
3. The granting of these variances will not be detrimental to the
neighborhood.
Zoning Board of Appeals
August 25, 1993
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t
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.
e
5. Tne 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. '_;
6. The strict application of the Zoning Ordinance and the Town i= :
Code would deprive the applicants of the reasonable use of the r=
land and/or building, and the variance granted by this Board r1
will enable such reasonable use. :_.
NOW, THEREFORE, BE IT
RESOLVED, that an application to the Board by Paul Egley for
variances from Section 89-33 B(2)(a) to maintain a deck with a side yard
of 6.0 feet and a sunroom with a side yard of 9.15 feet, from Section
89-33 B(2)(b) for total side yards of 15.15 feet and from Section 89-57
located at 39 Lansdowne Drive, said premises being known and designated
on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lots 346
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) _> .
y\:,;:
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. r,
:cx*x*
.i
APPLICATION NO. 4 - CASE 2075
The Secretary read the application as follows. .
Application of Dr. and Mrs. M. Freilich requesting variances from Section '%
89-34 B(2)(a) to construct a kitchen addition with a side yard of 7.0 ft. , ,.
where 10.0 ft. is required. Further, the structure increases the extent t '
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 1 Glen Eagles Drive and known on the Tax Assessment Map of the ',
Town of Mamaroneck as Block 108 Lot 1. (:::;
Dr. and Mrs. Freilich appeared. They stated that seven years ago they
had gotten similar permission which they had not acted upon and that this
variance is the only one which allows an extension of their small
kitchen.
Zoning Board of Appeals
August 25, 1993
• -10-
After review, on motion of Mr. Wexler, 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 day 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. Simon, the following
resolutions were adopted unanimously, 4 - 0.
WHEREAS, Dr. and Mrs. Mark Freilich have submitted an application to
the Building Inspector, together with plans to construct a kitchen
addition on the premises located at 1 Glen Eagles Lane and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 108Lot 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 89-34
B(2)(a) and 89-57; and
WHEREAS, Dr. and Mrs. Freilich 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. A variance for this addition had been granted September 24,
1986 by the Zoning Board of Appeals, but the applicant had not
built the addition at that time.
2. The proposed addition matches the architectural style of the
house and uses similar building materials.
3. The proposed addition is relatively small.
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.
5. The variances are the minimum to alleviate the difficulty
detailed in the application yet also preserves and protects the
Zoning Board of Appeals
August 25, 1993
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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 Dr. and Mrs. Mark
Freilich for variances from Sections 89-34 B(2)(a) and 89-57 for a
kitchen addition with a side yard of 7.0 feet at 1 Glen Eagles Drive,
said premises being known and designated on the Tax Assessment Map of the
Town of Mamaroneck as Block 108 Lot 1 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. 5 - CASE 2076
Application of Jean-Pierre Jabart requesting variances from Section 89-35
B(2)(a). to construct a garage extension with a side yard of 6.2 ft. where
8.0 ft. is required, from Section 89-35 B(2)(b) for a total side yard of
14.3 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.
Finally, a variance is requested from Section 89-35 B(3)(b) for the
existing woodshed with a rear yard of 1.4 ft. and a side yard of 1.6 ft.
where 5.0 ft. is required for a residence in an R-6 Zone District on the
premises at 29 Maple Hill Drive and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 122 Lot 258.
Mr. Jabart appeared with his architect, Frederick Jestadt. They stated
that the garage extension was necessary to store larger cars and that the
shed was in place when the Jabarts bought the house. The shed is not
visible from adjacent properties.
After review, on motion of Mr. Wexler, seconded by Mr. Gunther, 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;
Zoning Board of Appeals
• August 25, 1993
-12-
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, by a vote of 4 - 0.
WHEREAS, Jean-Pierre Jabart has submitted an application to the
Building Inspector, together with plans to maintain an existing garage
extension and shed on the premises located at 29 Maple Hill Drive and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 122
Lot 258; 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), 89-35 B(2)(b), 89-35B(3)(b) and 89-57; and
WHEREAS, Mr. JabArt 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 variance sought is granted and
also finds as follows:
1. The garage extension is no closer to the side lot line than the
existing structure.
2. The small shed is tucked neatly into a rear corner and is
shielded from its neighbors.
3. 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.
4. 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.
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.
Zoning Board of Appeals
August 25, 1993
z -13-
NOW, THEREFORE, BE IT
RESOLVED, that an application to the Board by Jean-Pierre Jabart
for variances from Section 89-35 B(2)(a), from Section 89-35 B(2)(b) and
from Section 89-57 to maintain a garage extension with a side yard of 6.2
feet and a total side yard and for a variance from Section 89-35 B(3)(b)
to maintain ,a shed with a rear yard of. 1.4 feet and a side yard of 1.6
feet located at 29 Maple Hill Drive, said premises being known and
designated on the Tax Assessment Map of the Town of Mamaroneck as Block
122 Lot 258 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.
Mr. Gunther read a letter from the Speilmans, of Application No. 6,
requesting an adjournment to September.
APPLICATION NO. 7 - CASE NO. 2078
The Secretary read the application as follows.
Application of Mr. and Mrs. David Brown requesting variances from Section
89-33 B(2)(b) for a total side yard of 16.6 ft. where 25.0 feet 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 at 81 West Hickory Grove Drive and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 746.
Robert Marino, architect, appeared for the Browns. He stated that the
only place to add to his clients' house was onto a porch that had been
previously granted a variance. The neighbors had been contacted; no one
objected.
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 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.
Zoning Board of Appeals
August 25, 1993
-14-
On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions
were adopted unanimously, 4 - 0.
WHEREAS, Mr. and Mrs. David Brown have submitted an application to
the Building Inspector, together with plans to construct a rear addition
on the premises located at 81 West Hickory Grove Drive, West and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 746;
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)(b) and 89-57; and
WHEREAS, Mr. and Mrs. Brown 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 proposed addition is no closer to the side lot line than is
that part of the structure constructed as a result of a
previously granted variance.
2. The proposed addition does not extend the footprint of the
house.
3. The proposed porch is in harmony with the house and the
community at large.
4. The topography of the rear yard could potentially limit
construction.
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.
Zoning Board of Appeals
August 25, 1993
-15-
NOW,. THEREFORE, BE IT
RESOLVED, that an application to the Board by Mr. and Mrs. David
Brown for variances from Sections 89-33 B(2)(b) and 89-57 for an addition
with a total side yard of 16.6 feet on the premises located at 81 West
Hickory Grove Drive, said premises being known and designated on the Tax
Assessment Map of the Town of Mamaroneck as Block 217 Lot 746 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. 8 - CASE NO. 2074
The Secretary read the application as follows.
Application of Alfredo Gulla requesting variances from Section 89-41.1 C
to construct a new automobile dealership with a lot coverage of 25.18%
where 25% is allowed; from Section 89-41.1 B for a 10.0 ft. rear yard
where 25.0 ft. is required, for a 2.0 ft. buffer zone where 10.0 ft. is
required, for a dumpster and enclosure located within the buffer zone
which is prohibited, and for a 0.0 rear yard setback for said dumpster
and enclosure; from Section 89-67 D for 2 parking spaces within a
residence zone which is prohibited, and from Sections 89-70A and 89-3 to
eliminate the required dedicated off-street loading space for a business
in an (SB) Service Business Zone District on the premises known as 2543
Boston Post Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 504 Lots 1 and 134.
Walter DeVivo, architect, appeared. He stated that Hyundai cars would be
sold from this site and that only new cars will be sold.
The Board urged Mr. DeVivo to redesign his plans so that the buffer zone
could be inviolate. He was also instructed to notify the neighboring
property owners in New Rochelle as the Town's Building Department cannot
do so.
Nick Dino, a neighbor of the dealership appeared and complained that no
neighbors living in New Rochelle were notified. James Raboy of 2500.
Boston Post Road, the Saturn used-car dealership, stated that his company
would approve of the application. Elinor Davidson, 2 Locust Avenue,
Larchmont, appeared. She recommended a 25-foot buffer and stated that
the neighbors on Chester Place would find that their quality of life
would be impaired by the dealership.
Zoning Board of Appeals
August 25, 1993
-16-
On motion of Mr. Gunther, seconded by Mr. Simon, the Board found that the
Planning Board should be the Lead Agency and that this matter is an
Unlisted Action.
With the applicant's approval, this matter was adjourned to the September
meeting and was referred to the Planning Board for further SEQRA
compliance and to the CZMC for comment.
NEXT MEETING
The next meeting of this Board will be September 22, 1993.
APPROVAL OF MINUTES
On motion of Mr. Simon, seconded by Mr. Kelleher, the minutes of July 28,
1993 were approved.
ADJOURNMENT
On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned
at 12:15 AM.
Bonnie M. Burdick