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HomeMy WebLinkAbout1992_08_26 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK Iv- �` ti' AUGUST 26, 1992, IN THE COURT ROOM, TOWN CENTER 4, 740 WEST BOSTON POST ROAD RECEWED MAMARONECK, NEW YORK SEP 3 1992 Present: Joel Negrin, Chairman PATRICIA A.DiCI000I0 Thomas E. Gunther TOWN CLERK � - MAMARONECK Patrick E. Kelleher N.Y. J. Rene Simon Arthur Wexler Also Present: Nancy Rudolph, Counsel Kevin R. Denton, Assistant Building Inspector, Village of Larchmont 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 Negrin at 8:17 PM. APPLICATION NO. 1 - CASE 2016 This matter was adjourned to the September meeting at the written request of Mr. Philo's lawyer. APPLICATION NO, 2 - CASE 2017 The Secretary read the application as follows. Application of Mr. and Mrs. M. Moran, 23 Fenbrook Drive, requesting a variance from Section 14-48A(2) for a swimming pool with a rear yard of 9.0 ft. where 20.0 ft. is required and from Section 14-48 A (1) to construct a pool deck 0.0 ft. from the house where 15.0 ft. is required in an R-30 Zone District on the premises located at 23 Fenbrook Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 11. Mr. and Mrs. Moran appeared. Mr. Moran stated that the site he was requesting for the pool would save mature trees to the rear and on the sides of the property. Also, there is a Town of Mamaroneck easement to the North and West of the property which restricts use of the yard. The yard slopes to the tributary of the east branch of the Sheldrake. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolution was proposed and adopted unanimously. WHEREAS, Michael and Sally Moran have submitted an application to the Building Inspector, together with plans, to construct a pool and Zoning Board of Appeals August 27, 1992 -2- pool deck on the premises located at 23 Fenbrook Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 11; and WHEREAS, the Building Inspector has declined to issued such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 14-48 A (2) and 14-48 A(1); and WHEREAS, Mr. and Mrs. Moran 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The property is irregularly shaped and has a difficult grade. 2. The solution proposed is the minimum to alleviate the difficulty. 3. The placement of the pool avoids the removal of a number of trees. 4. There is a Town of Mamaroneck sewer and water easement to the West and North of the property for significant number of feet which causes difficulty in the use of the land. 5. The rear yard is well screened to the rear and to the East and West. 6. The granting of the variances are 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 preserve and protect 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 variances granted by this Board will enable such reasonable use. Zoning Board of Appeals August 27, 1992 -3- NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Moran for variances from Section 14-14 A (2) and 14-48 A (1) so as to allow a pool deck 0.0 feet from the house and a rear yard of 9.0 feet on the premises located at 23 Fenbrook Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 11 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 2014 The Secretary read the application as follows: Application of Elio Parroni, 36 Harrison Drive, adjourned from July 22, 1992. Mr. Parroni appeared and stated that the den for which he sought a Certificate of Occupancy had been built with a Building Permit. A recent survey had revealed that the addition, at one corner, extends .8 feet into the 25-foot rear yard setback. The house is for sale, and Mr. Parroni did not want to destroy the addition. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was 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. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted. WHEREAS, Elio Parroni has submitted an application to the Building Inspector, together with plans, to obtain a Certificate of Occupancy Zoning Board of Appeals August 27, 1992 -4- for a den on the premises located at 36 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Lot 147; 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(3) and 89-57; and WHEREAS, Mr. Parroni 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The variance requested involves less than 2 square feet. 2. There is no adverse impact on the neighborhood. 3. The variance requested is no more than is needed to avoid hardship. 4. The applicant has acted in good faith. 5. The granting of the variances are 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 variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Elio Parroni for variances from Section 89-34 B (3) and 89-57 so as to allow issuance of a Certificate of Occupancy for a den with a rear yard of 24.2 feet on the premises located at 36 Harrison Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Lot 147 be and the same is granted subject to the following conditions. Zoning Board of Appeals August 27, 1992 -5- 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. ..***it APPLICATION NO. 4 - CASE 2014 The individuals representing this application were not present at this time during the meeting, so Mr. Negrin postponed hearing the application to the end of the agenda. APPLICATION NO. 5 - CASE 2018 The Secretary read the application as follows. Application of Mr. and Mrs. W. Vallar requesting a variance from Section 89-35 B (2)(a) to construct an enclosed porch with a side yard of 6.0 ft. where 8.0 ft. is required, from Section 89-35 B(2)b for a total side yard of 12.02 ft. where 18.0 ft. is required, and from Section 89-35 B(3) for a rear yard of 22.0 ft. where 25.0 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-6 Zone District on the premises located at 67 Myrtle Blvd and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 595. Mrs. Vallar appeared. She stated that the Vallars had bought the house fifteen years ago. Their screened porch has become a hazard with an invasion by a raccoon, so the Vallars sought to install jalousie windows. The footprint will not be changed, heat will not be added and their large tree will be preserved. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolution was 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. Simon, the following resolutions were unanimously adopted. Zoning Board of Appeals August 27, 1992 -6- WHEREAS, Mr. and Mrs. Vallar have submitted an application to the Building Inspector, together with plans, to construct an enclosed porch on the premises located at 67 Myrtle Blvd and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 595; 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, 89-35 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Vallar 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The proposed construction does not increase the footprint of the building; there is a change in the type of fascia from screening to jalousies. 2. The plans submitted indicate that the porch will remain unheated. 3. The structure remains as it has existed, and the large, adjacent tree will not be disturbed. 4. The granting of the variances are 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 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 an application to the Board by Mr. and Mrs. W. Vallar for variances from Section 89-35 B (2)(a), 89-35 B(2)b, 89-35 B(3) and 89-57 so as to allow the construction of an enclosed porch with a side yard of 6.0 feet, a total side yard of 12.02 feet and a rear yard of 22.0 feet on the premises located at 67 Myrtle Blvd, said premises being known and designated on the Tax Assessment Map of the Zoning Board of Appeals August 27, 1992 -7- Town of Mamaroneck as Block 124 Lot 595 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. 6 - CASE 2019 The Secretary read the application as follows. Application of Louis and Judith Sherwood requesting a variance from Section 89-31 B (1) to maintain an existing study with a front yard of 31.0 ft. where 40 ft. is required. Further, the structure as exists increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-20 Zone District on the premises located at 255 Griffin Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 341 Lot 1. Edward Davidson, attorney, appeared with Dr. Sherwood. Mr. Davidson stated that the house which was built in 1940 included a garage with a 31.0-foot setback. Dr. Sherwood bought the house in 1980 just after a screened porch had been added. The porch had no Certificate of Occupancy. Said lack was not a problem during closing. Dr. Sherwood, later in the same year, converted the porch to a study with a vent from the heating system. His builder informed Dr. Sherwood that he did not need a Building Permit. While doing research prior to sale in the Building Department, Dr. Sherwood discovered the mistake. Mr. Davidson stated that the Sherwood's yard is separated from the road by a fence and a 10-foot, public walkway. He also noted that for 12 years the enclosed porch has been a permanent structure without complaints from the neighbors and that it would be an economic hardship to raze said porch. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was 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 Zoning Board of Appeals August 27, 1992 -8- 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 unanimously adopted. WHEREAS, Dr. and Mrs. Sherwood have submitted an application to the Building Inspector, together with plans, to maintain a front addition on the premises located at 255 Griffin Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 341 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 89-31 B(1) and 89-57; and WHEREAS, Dr. and Mrs. Sherwood 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The side of the house, which is on a corner lot, is deemed to be fronting on Carriage House Lane. 2. The property is burdened by two front yards, making use of the side yard difficult 3. The existing garage has a 31-foot front yard, and the study does not encroach further into the yard. 4. The addition conforms to the design of the existing house. 5. With a 45.7 foot rear yard setback, a 48.3 side yard setback and a 61.0 front yard setback, there is no feeling of congestion at this site. 6. The granting of the variances are 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. Zoning Board of Appeals August 27, 1992 -9- 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 variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Dr. and Mrs. Sherwood for variances from Section 89-31 B (1) and 89-57 so as to allow the retention of an addition with a front yard of 31.0 ft. on the premises located at 255 Griffin Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 341 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. 4 - CASE 2013 The Chairman read the application as follows. Application of the Town of Mamaroneck, 1361 Boston Post Road, adjourned from June 24, 1992. Stephen V. Altieri, Town Administrator, represented the Town. He was accompanied by Supervisor Caroline Silverstone and Martine Siefring and Brad Perkins of the Perkins and Eastman architectural firm. Mr. Altieri stated that the Town sought four variances: 1) for an increase of lot coverage to 38% from 30% in an Urban Renewal Zone; 2) for a four-bedroom, senior-shared-occupancy unit; 3) for the use of 11 parking spaces in an adjoining lot; and 4) for consideration of off-street parking lane access. Mr. Altieri and Mr. Siefring presented the same schematic as the Board had previously considered and reiterated the Town's affordable housing plans. Mr. Altieri had answered Mr. Negrin's letter of July , 1992 with a letter dated August 24, 1992. Both letters will become a part of the record. Mr. Seifring submitted an unsigned elevation of the garages and driveway side of a building and an unsigned drawing of the interior spaces. Mr. Wexler had reservations about the design. He felt that the garage lanes lacked articulation and questioned the expense of enclosed garages. Mr. Wexler decried the lack of space available for suburban amenities. He also stated that he liked the project. Zoning Board of Appeals August 27, 1992 ' -10- The architects stated that the apartment complex is near a park and Town recreation facilities and that to construct a "stick-built" project lower heights are necessary. They plan to plant trees to relieve the garage facades. Also, the massive rock formations cause constraints on cost and design. Mrs. Silverstone stated that the use of part of the Hommocks School parking lot for parking for this project has been approved by the Board of Education. There will be four, outdoor, handicapped-parking spaces on the project's site. It was decided that the Board would take a consensus on each part of the application and that Mrs. Rudolph would prepare resolutions for a vote at the next meeting. On motion of Mr. Wexler, seconded by Mr. Simon, the Board members were unanimously favorable to the four-bedroom, senior-shared-occupancy apartment based on the facts presented by the applicant and because said apartment would be good for the project. On motion of Mr. Wexler, seconded by Mr. Kelleher, the Board members were favorable to the increased coverage to 38%, with a 4-1 straw vote, Mr. Wexler opposed. This consensus was reached because the increase in lot coverage was due in large part to the enclosed garages. These garages may decrease the impermeable surface, and less outdoor parking will enhance the outside appearance of the apartments. Also, were the project built to other designs which need less lot coverage, those plans would be less attractive. The proposed design will work with the inherent difficulties of the site. On motion of Mr. Gunther, seconded by Mr. Simon, the Board members were unanimously favorable concerning the appropriateness of the off-street parking lane for access. It was felt that there was no need for a central loading area given the nature of the project. . On motion of Mr. Negrin, seconded by Mr. Gunther, the Board members were unanimously favorable towards the use of eleven off-street parking spaces on an adjoining lot. The members were in favor of conditioning the leases so that the garages on the site were used for storage of cars. APPROVAL OF MINUTES On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of the meeting of April 29, 1992 were unanimously approved. NEXT MEETING The members agreed to meet on Wednesday, September 23, 1992. Zoning Board of Appeals August 27, 1992 -11- ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Gunther, the meeting was adjourned at 10:59 PM. Bonnie M. Burdick