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HomeMy WebLinkAbout1993_12_15 Zoning Board of Appeals Minutes r-0 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK DECEMBER 15, 1993, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman Patrick E. Kelleher Nina Recio J. Rene Simon Absent: Arthur Wexler Also Present: John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector Lisa Hobbie, 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 7:31 PM. APPLICATION NO. 1 - CASE 2084 The Secretary read the application as follows. Application of Heidi Weiss, 1232 Palmer Avenue, adjourned from November 17, 1993. Michael Weiss appeared. He reiterated the information concerning his inherited problem of a non-conforming unenclosed off-street parking space and stated that he truly needed to continue to use this space as well as the parking space which leads to a former garage. On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were ADOPTED unanimously, 4-0. WHEREAS, Heidi and Michael Weiss have submitted an application to the Building Inspector, together with plans to maintain an driveway with an unenclosed parking space on the premises located at 1232 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 193; 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 89-67B; and Zoning Board of Appeals December 15, 1993 -2- WHEREAS, Mr. and Mrs. Weiss submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The variance for the unenclosed parking space is minimal, a mere three feet. 2. The gravel driveway on the side is a preexisting condition prior to ownership by this applicant; and, therefore, is not a self-created hardship. 3. The side-yard setback is well screened by an existing hedge. Relative to the street, the screening is more than adequate. 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 Heidi and Michael Weiss for a variance from Section 89-67 B to maintain an unenclosed parking space 0.6 feet from the side property line and 22.0 feet from the front lot line located at 1232 Palmer Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 193 be and the same is granted, subject to the following conditions. Zoning Board of Appeals December 15, 1993 -3- 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 2088 The Secretary read the application as follows. Application of Gabriel Feuerstein requesting a variance from Section 89-31 B(3) to maintain an enclosed terrace with a rear yard of 35.6 ft. where 40 ft. is required for a residence in an R-20 Zone District on the premises located at 27 Kolbert Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 308 Lot 106. Gary Gianfrancisco, architect, appeared with Mr. Feuerstein. He stated that this property is highly encumbered with drainage easements. The house was built 25 years ago with a concrete balcony and a patio at grade. The space between was glassed in about six years ago to keep snow from accumulating and to keep out rodents. Mr. Gianfrancisco stated that the variance needed was minimal and that the house borders a country club. 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 Mr. Simon, seconded by Ms. Recio, the following resolutions were adopted unanimously, by a vote of 4 - 0. WHEREAS, Gabriel Feuerstein has submitted an application to the Building Inspector, together with plans to maintain an enclosed terrace on the premises located at 27 Kolbert Drive known on the Tax Assessment Map of the Town of Mamaroneck as Block 308 Lot 106; and Zoning Board of Appeals December 15, 1993 -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 Section 89-31 B(3); and WHEREAS, Mr. Feuerstein submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The rear yard faces an open space. 2. The house is amply screened. 3. The enclosure of the terrace does not enlarge the footprint of the house. 4. After notification, the neighbors have not objected to the application. 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. 7. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Gabriel Feuerstein for a variance from Section 89-31 B(3) to maintain an enclosed terrace with a rear yard of 35.6 feet located at 27 Kolbert Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lots 634 be and the same is granted, subject to the following conditions. • Zoning Board of Appeals December 15, 1993 -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. AAAAA APPLICATION NO. 3 - CASE 2089 The Secretary read the application as follows. Application of Mr. Lee Greenhouse requesting a variance 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 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 7 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 634. Frederick Yestadt, architect, appeared with Mr. Greenhouse. He stated that an existing porch will be replaced by a family room with a new porch. The change is three and one-half feet deeper into the back yard and one foot wider into the side yard. The Greenhouses' neighbor on the opposite side, Mr. Hoyt, stated that the view from his windows will be changed for the worse; and, prior to the meeting, the Greenhouses had agreed to plant screening. After review, on motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were 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. Simon, the following resolutions were adopted unanimously, by a vote of 4 - 0. WHEREAS, Lee Greenhouse has submitted an application :o the Building Inspector, together with plans to construct a rear addition • Zoning Board of Appeals December 15, 1993 -6- 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 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), and 89-57; 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 outweighs 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. 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 an application to the Board by Lee Greenhouse for variances from Section 89-35 B(2)(a), 89-35 B(2)(b) and 89-57 for a side yard at 6.7 feet and total side yard of 17.1 feet located at 7 Dante Street, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 634 be and the same is granted, subject to the following conditions. Zoning Board of Appeals • December 15, 1993 -7- 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 32 feet height. 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. AAAAA APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Ms. Recio, the minutes of the meeting of the ZBA of November 17, 1993 were approved unanimously, 4-0. NEXT MEETING The next meeting of the Board will be January 26, 1994. ADJOURNMENT 1 On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 8:40 PM. Bonnie M. Burdick, Recording Sec'y