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HomeMy WebLinkAbout1997_12_16 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK DECEMBER 16, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman 11 4) .) Patrick B. Kelleher Jillian A. Martin Q/ J. Rene Simon / RECEIVED Arthur Wexler ; JAN 23 1998 Also Present: Robert S. Davis, Counsel PATR TOWN CLERK ONECK Ronald A. Carpaneto, Director of Building M".�!NY. /(` CO Michele Nieto, Public Stenographer Terranova, Kazazes & Associates, Ltd. 49 Eighth Street New Rochelle, New York 10801 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 8:00 p.m. Mr. Gunther informed the Board that case#2277 has been withdrawn by letter received from James Staudt, Esq., of McCullough, Goldberger& Staudt. On a motion made by Mr. Gunther, seconded by Ms. Martin, it was unanimously RESOLVED, that application no. 1-case 2277(adjourned 7/29/97;9/4/97; 10/29/97; 11/18/97)- Application of Mr. & Mrs. K. Doyle requesting a variance to maintain a rear deck and storage rooms finished in the cellar. The use of the premises as a legal non-conforming two-family residence prohibits the enlargement or extension of the structure pursuant to Section 240-68A; therefore, the issuance of a permit for an existing deck is prohibited; further, the alteration of the cellar for separate storage rooms is an extension of the non-conforming use into parts of the building by alteration which is prohibited pursuant to Section 240-68B all for a two-family residence in a one-family residence R-6 Zone District on the premises located at 15-17 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 74 be, and hereby is, WITHDRAWN. The Secretary read the next application as follows: APPLICATION NO. 2 - CASE 2296 Application of Nolan Matz requesting an extension of a variance granted May 28, 1997, filed June 4, 1997 to construct a second floor rear addition which would have a side yard of 5.5 ft. where 10.0 ft. is the minimum required pursuant to Section 240-37B(2)(a); and further, the addition would increase the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-10 Residence Zone District on the premises located at 165 W. Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 463. Nolan Matz, the applicant, of 165 West Brookside Drive appeared. Zoning Board December 16, 1997 Page 2 After some discussion regarding the delay in starting construction, on motion of Mr. Gunther, seconded by Ms. Martin, the following resolution was proposed and ADOPTED unanimously, 5-0. RESOLVED, that this is a Type II action having no significant impact on the environment pursuant to.6 NYCRR §617 et seq. Accordingly, no further action under SEQRA is required. On motion of Mr. Gunther, seconded by Ms. Martin, the following resolution was ADOPTED: WHEREAS, Nolan Matz has submitted an application to the Building Inspector, together with plans requesting an extension of a variance granted May 28, 1997, filed June 4, 1997 to construct a second floor rear addition which would have a side yard of 5.5 ft. where 10.0 ft. is the minimum required pursuant to Section 240-37B(2)(a);and further, the addition would increase the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-10 Residence Zone District on the premises located at 165 W. Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 463; 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; and NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. The applicant shall obtain a building permit no later than June 16, 1998; 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. Construction shall be in substantial compliance with the plans submitted in connection with the original application for which a variance was granted on May 28, 1997. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. Mr. Gunther instructed Mr. Matz to see the Building Department during regular business hours for a building permit. Mr. Matz asked if he will receive notification of the results of this case, and was informed he will receive a certification stating the results. The Secretary read the next application as follows: APPLICATION NO. 3 - CASE 2297 Application of Julio Miyares requesting a variance to maintain a deck. The deck as constructed has a side yard of 7.9 ft. where 10.0 ft. is the minimum allowed pursuant to Section 240-38B(2)(a); and further, the deck increases the extent to which the building is nonconforming pursuant to Section 240-69 for a single family residence in an R-7.5 Zone District on the premises located at 4 Spruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Lot 595. Howard Raab, the architect for the applicant, of 30 Tersana Drive, Easton, Ct. appeared. Mr. Raab submitted exhibit#1, a colored plot plan dated December 16, 1997, and exhibit#2, photographs of the Zoning Board December 16, 1997 Page 3 premises. Mr. Raab said he appeared before the Board one year ago and received a variance to build the necessary addition. A discussion ensued regarding the building inspector's interpretation and determination of this case. Mr. Carpaneto said that it is an extension of the existing nonconformity. Mr. Davis said everything that existed before the deck was either conforming or built pursuant to the variance. What is approved by a variance is not nonconforming but conforming. The only reason for requiring a variance is that when a variance is approved, construction is approved to be in substantial conformance pursuant to plans submitted and approved. The addition of the deck departs from the approved plans and requires a certain amount of modification to the variance. Mr. Raab said the modification was discovered when applying for the Certificate of Occupancy. Mr. Wexler asked if the sculpt of the construction was enlarged by adding the deck, at which time a discussion ensued. Mr. Wexler asked, for future reference, if the house was so built and the application was only for a deck would that constitute requiring a variance. Mr. Carpaneto said if the house was so built and the application was only for a deck the application would not require a variance, but may trigger lot coverage in a variance. • Mr. Davis said this is a Type II matter. On motion of Mr.Wexler,seconded by Mr. Simon,the following resolution was proposed and ADOPTED unanimously, 5-0. RESOLVED, that this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR §617 et seq. Accordingly, no further action under SEQRA is required. On motion of Ms. Martin, seconded by Mr. Simon, the following resolution was ADOPTED: WHEREAS, Julio Miyares has submitted an application to the Building Inspector, together with plans requesting a variance to maintain a deck. The deck as constructed has a side yard of 7.9 ft. where 10.0 ft. is the minimum allowed pursuant to Section 240-38B(2)(a); and further, the deck increases the extent to which the building is nonconforming pursuant to Section 240-69 for a single family residence in an R-7.5 Zone District on the premises located at 4 Spruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 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 Section 240-38B(2)(a), Section 240-69; and WHEREAS, Julio Miyares 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; and WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as required by New York State Town Law §267-b: Zoning Board December 16, 1997 Page 4 1. The Board finds that the benefit to the applicant outweighs any detriment to the health, safety and welfare of the neighborhood if the variance sought is granted. In reaching this conclusion, the Board considered the following factors: • A. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties. The deck as constructed is well within the setback requirement of the Zoning Law; B. There is no reasonable alternative; C. The variance is not substantial,but a technicality or mistake; D. There will be no adverse impact on the physical or environmental conditions in the neighborhood. No one in the neighborhood has had a problem with it. No other members of the public are present to make comment on this application; E. The difficulty is through an oversight and not self-created; F. 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; G. The variance is the minimum necessary 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; H. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is granted, subject to the following conditions: 1. The applicant shall obtain a building permit within (6) months of the filing of this Resolution. • 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. Construction shall be in substantial compliance with the plans submitted in connection with this application. • This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPROVAL OF MINUTES On a motion made by Mr. Kelleher, seconded by Ms. Martin, the Minutes of November 18, 1997,were approved 4-0. Mr. Simon abstained from voting. Zoning Board December 16, 1997 Page 5 NEXT MEETING The next meeting of this Board will be held on January 21, 1998. ADJOURNMENT On a motion made and seconded, the meeting was adjourned at 8:12 p.m. Marggq r a Roma, Recording Secretary