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HomeMy WebLinkAbout1992_12_23 Zoning Board of Appeals Minutes DRAFT- MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK DECEMBER 23, 1992, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK RECEIVED Present: Joel Negrin, Chairman Jilt' 7 1993 Thomas E. Gunther PATRICIA A.DiCIOCCi0 Patrick E. Kelleher TOWNCLERK MAMARONECK J. Rene Simon N.Y. Arthur Wexler Also Present: Nancy Rudolph, Counsel Michelle Bonsteel, Assistant Building Inspector Maria Saitta, 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. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes of July 22, 1992 were unanimously approved. On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of August 26, 1992 were unanimously approved. On motion of Mr. Gunther, seconded by Mr. Simon, the minutes of September 23, 1992 were unanimously approved. On motion of Mr. Negrin, seconded by Mr. Wexler, the minutes of October 28, 1992 were approved by a vote of 4-0-1, Mr. Simon abstaining. Mr. Negrin suggested that the minutes of November be circulated after his corrections have been added. APPLICATION NO. 1 - CASE 2025 The Secretary read the application as follows. Application of Mary Ellen Colabella Bambace, 6 Leafy Lane, adjourned from November 24, 1992. After review, on motion of Mr. Gunther, seconded by Mr. Kelleher, 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; Zoning Board of Appeals December 23, 1992 -2- 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. Gunther, seconded by Mr. Wexler, the following resolutions were unanimously adopted. WHEREAS, Mary Ellen Colabella Bambace has submitted an application to the Building Inspector to create a new building lot; 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 A (2), 89-34 A (1) and 89-34 A (3) on the premises located at 6 Leafy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Lot 38; and WHEREAS, Mrs. Bambace 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 detriment to the health, safety and/or welfare of the neighborhood or community would outweigh the benefit to the applicant if the variances sought were to be granted and finds as follows: 1. The applicant's claim of benefit does not overcome the perceived undesirable change to the character of the neighborhood. 2. Even if the creation of two substandard lots would be the minimum to alleviate the difficulty to the applicant, the variances requested do not preserve, nor protect the character of the neighborhood. 3. The requested variances are substantial. Both Lot No. 1 and Lot No. 2 would be substandard and non-conforming and require variances of more than 20% with respect to total area. . 4. The subdivision of the lot would cause a negative impact to the lot to the rear of proposed Lot No. 1 and to other nearby properties. Zoning Board of Appeals December 23, 1992 -3- 5. There is an adverse impact on the physical conditions in the neighborhood which is not in harmony with the general purposes and intent of the ordinance in an R-7.5 Zone. 6. The proposed Lot No. 1 would be undersized as compared to other lots in an R-7.5 Zone in that the proposed depth is not 100 feet and the proposed frontage is not 75 feet. 7. A 1929 architectural drawing of a neighbor's home submitted by the applicant, which may refer to a "four lot" subdivision at this location, is equivocal at best and does not support the applicant's contention that she relied on the representation that her property had a "separate and buildable" lot. 8. The applicant's difficulty was self-created and based upon all other relevant factors, does not in and of itself, mandate the granting of the variances requested. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby denies the application AND, IT IS FURTHER RESOLVED, that this decision, be filed with the Town Clerk as provided in Section 267 of the Town Law. AAAAA APPLICATION NO. 2 - CASE 2031 The Secretary read the application as follows. Application of Mr. and Mrs. Timothy Eddy, 68 Fernwood Road, adjourned from November 24, 1992. After review, 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. Wexler, seconded by Mr. Gunther, the following resolutions were adopted unanimously. WHEREAS, Mr. and Mrs. Timothy Eddy have submitted an application to the Building Inspector, together with plans to construct a rear addition on the premises located at 68 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 439; 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 Zoning Board of Appeals December 23, 1992 -4- Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B (2)(a) and 89-57; and WHEREAS, Mr. and Mrs. Eddy 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 variance is minimal, with less than one foot of intrusion for most of its length. 2. This plan affords more open space, and the proposed side wall is in line with the existing side wall of the house. 3. To insist that the applicant construct the extension to conform to the side yard setback is less satisfying, not the best solution, and creates more of an impact on the neighbors. 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 Mr. and Mrs. Timothy Eddy for a variance from Section 89-33 B (2)(a) to construct a rear addition with a side yard of 8.92 feet on the premises located at 68 Fernwood Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 439 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. Zoning Board of Appeals December 23, 1992 -5- 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 2032 The Secretary read the application as follows. Application of Mr. and Mrs. Thierry Hasse, 44 Glenn Road, adjourned from November 24, 1992. After review, 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. Wexler, seconded by Mr. Simon, the following resolutions • were adopted unanimously. WHEREAS, Mr. and Mrs. Thierry Hasse have submitted an application to the Building Inspector, together with plans to construct a two-story addition on the premises located at 44 Glen Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Lot 520; 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, Mr. and Mrs. Hasse 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 square footage of the first floor of the house is substandard. This proposal makes the floor area more conforming. 2. The lot is unusually narrow for this zone. and the proposal involves a minimal intrusion into the side yard. Zoning Board of Appeals December 23, 1992 -6- 3. The property has sufficient aggregate side yards, and the addition does not further extend the intrusion into the side yard. 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 Mr. and Mrs. Thierry Hasse for a variance from Section 89-34 B (2)(a) to construct a two- story addition with a side yard of 6.7 feet on the premises located at 44 Glenn Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Lot 520 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 2033 The Secretary read the application as follows. Application of Mr. and Mrs. Mark Jurish requesting variances from Section 89-33 B (2)(a) and 89-33 B (2)(b) to construct a wood deck and terrace with side yards of 7.72 ft. and 6.32 ft. respectively where 10.0 ft. is required and a total side yard of 14.04 ft. where 25.0 ft. is required. Further, the additions increase the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone district on the premises located at 91 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 399. Zoning Board of Appeals December 23, 1992 -7- Mr. Jurish appeared with his architect, James Waldon. Mrs. Rudolph explained that the total side yards was actually 17.4 ft. Mr. Negrin stated that the application caused him problems as the Board is charged with granting the minimum to relieve the hardship and because no alternatives had been addressed. After review, 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. Wexler, seconded by Mr. Simon, the following resolutions were adopted by a vote of 4 - 0 - 1, Mr. Negrin abstaining. WHEREAS, Mr. and Mrs. Mark Jurish have submitted an application to the Building Inspector, together with plans to construct a rear deck and a terrace on the premises located at 91 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 399; 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. and Mrs. Jurish 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 lot is substandard for its zone district - 65 feet wide rather than 100 feet and already has two non-conforming side yards. 2. There is a sloping grade in the rear yard which makes use and recreation difficult. 3. The applicant has aligned the deck with the south side of the house and, therefore, the deck protrudes no further into the side yard setback than the house does already. Zoning Board of Appeals December 23, 1992 -8- 4. The deck to the north extends into the side yard setback less than the existing side of the house. 5. The granting of these 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 preserve and protect 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 Mr. and Mrs. Mark Jurish for a variance from Sections 89-33 B (2)(a), 89-33 B(2))(b) and 89-57 to construct a rear deck and a terrace with side yards of 8.22 feet and 8.82 feet respectively on the premises located at 91 Lansdowne Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 399 be and the same is granted, subject to the following conditions. 1. The underside of the deck shall be screened from the neighbors with a lattice or shrubbery. 2. There shall be no change in square footage of the deck without another variance. 3. 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. 4. 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. 5. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO, . 5 - CASE 2034 The Secretary read the application as follows. Application of Francesco Pia, 3 Boulder Brae Lane, adjourned from December 24, 1992. Zoning Board of Appeals December 23, 1992 -9- After review, on motion of Mr. Gunther, 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. Negrin, seconded by Mr. Kelleher, the following resolutions were adopted unanimously. WHEREAS, Francesco Pia has submitted an application to the Building Inspector, together with plans to construct a detached garage on the premises located at 3 Boulder Brae Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 313 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 89-30.1 D(2) and 89-30.1 B(1); and WHEREAS, Mr. Pia 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 changes would not substantially negatively impact the neighbors. 2. The garage will be in harmony with other properties in the area. 3. The applicant will be able to remove his cars from the public view and street and park on his own property. 4. Because of the irregular topography of this lot, it is impractical and undesirable to place the garage in another location. 5. Considerable screening has been added to screen the garage and soften the impact of its foundation, thus, lessening the visual impact from the rear. Zoning Board of Appeals December 23, 1992 -10- 6. The garage will be 2 feet from the property line facing Fenimore Road which adjoins the property at the rear lot line. 7. The lot is burdened by two front yards, but the location in these plans appears to be more equivalent to the rear one-third of the lot than any other location on the lot. 8. The granting of these 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. 9. 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. 10. 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 Francesco Pia for variances from Sections 89-30.1 D(2) and 89-30.1 B(1) to construct a detached garage away from the rear one-third of the lot and with a 2.0 foot front yard on the premises located at 3 Boulder Brae Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 313 Lot 258 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 2035 The Secretary read the application as follows. Application of Rabbi and Mrs. Landman, 15 Lookout Circle, adjourned from November 24, 1992. Lawrence Gordon, architect, appeared with Rabbi and Mrs. Landman. He stated that the Landmans wish to increase their 1924 garage so that it cold include two compact cars. Mr. Negrin read a favorable letter from the most impacted neighbor. Zoning Board of Appeals December 23, 1992 -11- On motion of Mr. Wexler, seconded by Mr. Gunther, it was 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; 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. At the suggestion of Mr. Kelleher, there was a consensus to approve this application. On motion of Mr. Kelleher, seconded by Mr. Simon, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. ***** APPLICATION NO. 7 - CASE 2036 The Secretary read the application as follows. Application of Dr. Craig Sundahl, 3 Byron Place , adjourned from November 24, 1992. Dolores Battalia, attorney, and Lawrence Gordon, architect, appeared. They had submitted affidavits and pictures to back up their argument that Town metered parking lots are under-utilized during the day. On motion of Mr. Negrin, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, Dr. Craig Sundahl has submitted an application to the Building Inspector, together with plans to construct a two-story building on the premises located at 3 Byron Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Lot 440; 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 89-66 A; and WHEREAS, Dr. Sundahl 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 Zoning Board of Appeals December 23, 1992 -12- any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The design is attractive and consistent with the neighborhood. 2. The design provides for 10 parking spaces, including 1 for a loading zone, which appears to be the maximum number of spaces possible without significantly altering the design, where 14 and 1 loading zone are required. 3. This is a difficult site, and the solution is desirable. 4. While the variance requested is not insubstantial, it is the only area variance required. All setbacks, height and coverage requirements conform. 5. This building may inspire other development in an area of the Town which needs revitalization and renewal. 6. This development is a desirable change to the neighborhood and appears to enhance and not detract from the character of the neighborhood. 7. The photographs taken at varying hours of the day and the affidavit and affirmation of observation submitted by the applicant's architect and attorney support the contention that there is metered parking available in this area during business hours. 8. The perceived problem of parking in this area appears to be outweighed by the benefits to be achieved by this development. 9. 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. 10. The variance is the minimum to alleviate the difficulty and solve the needs of the applicant yet also preserves and protects the character of the neighborhood and the health, safety and welfare of the community. 11. 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. Craig Sundahl for a variance from Section 89-66 A to construct a two- story building with 10 parking spaces on the premises located at 3 Byron Place, said premises being known and designated on the Tax Assessment Map of the Town of Zoning Board of Appeals December 23, 1992 -13- Mamaroneck as Block 132 Lot 440, be and the same is granted, subject to the following conditions. 1. The approval is conditioned upon the applicant granting to the Town of Mamaroneck an easement of access of approximately five feet of the roadbed. 2. The applicant shall purchase permits for 4 Town parking spaces as they become available. 3. 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. 4. 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. 5. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 8 - CASE 2038 The Secretary read the application as follows. Application of Maxwell Sacks requesting a variance from Sections 89-31 B (3) and 89-67(B) to maintain rear decks with a rear yard of 27.2 ft. where 40.0 ft. is required and a driveway 1.0 ft. from the side line where 5.0 ft. is required for a residence in an R-20 Zone District on the premises located at 4 Magnetti Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Lot 204.2. Wallace Berger, architect, appeared. He stated that the current owner is Malka Wolf. Mrs. Bonsteel stated that there was no record of the decks in the Building Department. On motion of Mr. Kelleher, seconded by Mr. Simon, this matter was adjourned pending receipt of clearer plans. The members requested"as-built" drawings including heights and a more complete discussion of reasons to maintain the decks. APPLICATION NO. 9 - CASE 2039 The Secretary read the application as follows. Application of Mr. and Mrs. George Burchell requesting a variance from Section 89-33 B (2)(a) to maintain an garage extension with a side yard of 7.66 ft. where 10.0 ft. is required. Further, the extension increases the extent by which the building fails to meet such area requirements Zoning Board of Appeals December 23, 1992 -14- pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 30 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 440. James Fleming, architect, appeared. He stated that the Burchells had built a larger garage in 1952 to house a modern car. The addition amounts to five square feet. After review, 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 adopted unanimously. WHEREAS, Mr. and Mrs. George Burchell have submitted an application to the Building Inspector, together with plans to maintain a garage extension on the premises located at 30 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 440; 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) and 89-57; and WHEREAS, Mr. and Mrs. Burchell 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 intrudes less into the required side yard than does the house. 2. The extension is only 2 feet deep requiring a variance with respect to a total of less than 5 square feet. 3. The lot is burdened by two front yards. Zoning Board of Appeals December 23, 1992 -15- 4. The garage was built in 1926 and has been expanded to make it functional and to make it able to store a reasonably-sized car. 5. It would be a financial hardship to restore the garage to its original form. 6. 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. 7. 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. 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. George Burchell for a variance from Sections 89-33 B (2)(a) and 89-57 to maintain a garage extension with a side yard of 7.66 feet on the premises located at 30 Stoneyside Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 440 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. isk*** APPLICATION NO. 10 - CASE 2040 The Secretary read the application as follows. Application of William T. Mashler requesting a variance from Section 89-44 A to maintain two patios with a 0.0 ft. and 3.9 ft. side lot lines respectively where 5.0 ft. is required. Further, the patios increase the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 4 Woody Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 227 Lot 138. Zoning Board of Appeals December 23, 1992 -16- Merritt Mitchell, realtor, appeared. He stated that a considerable amount of money was being held in escrow pending settlement of this matter. Mr. Kelleher noted that the patios provide a passage, and it was noted that the topography of the lot was difficult. On motion of Mr. Gunther, seconded by Mr. Wexler, it was 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; 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. At the suggestion of Mr. Wexler, it was the consensus of the Board to approve this application. On motion of Mr. Kelleher, seconded by Mr. Wexler, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. ***** NEXT MEETING The next meeting of this Board will be January 27, 1993. ADJOURNMENT Mr. Negrin declared an adjournment at 10:20 PM and reopened the meeting at 10:29 PM. APPLICATION NO. 11 - CASE 2041 The Secretary read the application as follows. Application of Mr. and Mrs. Thomas Cawley requesting a variance from Section 89-67 B to construct an unenclosed off-street parking space 0.0 ft. from the front property line where 25.0 ft. is required for a residence in an R-7.5 Zone District on the premises located at 3 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Lot 65. Dolores Battalia, attorney, and Leonard Seiverding, architect, appeared on behalf of the Cawleys whose son William had been recently been paralyzed in an accident. The request is for a parking space for a van which will park at a ramp which is being installed. The plan is to build an unobtrusive, short ramp on rocky, difficult topography. The Cawleys feel a long ramp would have more impact on the neighbors and would be a strain on their son whose lung capacity has been reduced. The garage is fifty-five feet from the house. Zoning Board of Appeals December 23, 1992 -17- Mr. and Mrs. Edward Cunningham, 16 Villa Road, who are the closest neighbors, appeared. They stated that they approve of the construction and are eagerly awaiting William's homecoming. After review, 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. Kelleher, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, Mr. and Mrs. Thomas Cawley have submitted an application to the Building Inspector, together with plans to construct an unenclosed off-street parking space on the premises located at 3 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Lot 65; 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 89-67 B; and WHEREAS, Mr. and Mrs. Cawley 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 property is a corner lot burdened by two front yards. 2. The 0.0 foot variance applies to the front yard which is away from the front entrance to the house. 3. The variance is requested only for the driveway. 4. Due to the siting of the house and the grade of the land, this is the least obtrusive site for the ramp, as well as the most favorable to the applicant. Zoning Board of Appeals December 23, 1992 -18- 5. The new driveway and parking space are consistent with the Americans with Disabilities Act, because the garage is more than 20 feet from the house. 6. 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. 7. 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. 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Thomas Cawley for a variance from Section 89-67 B to construct an unenclosed off-street parking space with a front yard of 0.0 feet on the premises located at 3 Vine Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Lot 65 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. 12 - CASE 2042 The Secretary read the application as follows. Application of Eric and Fran Rosenfeld requesting a variance from Section 89-30 B (2) to construct an indoor pool and mechanical room with a side yard of 23.30 ft. where 35.0 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-50 Zone District on the premises located at 217 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 1. Zoning Board of Appeals December 23, 1992 -19- Paul Benowitz, architect, and Mrs. Shah, his associate, appeared with Mr. Rosenfeld. He stated that the siting of the pool house in the side yard was necessary as there is ledge rock in the rear yard as well as the recently expensively repaired septic system. Mr. Benowitz stated that the encroachment is less than 10% and that the near neighbors are well screened. Mr. Wexler commented that the property is enormous, and Mr. Kelleher stated that the proposed addition is tastefully done. Mr. Negrin referred the matter to the Coastal Zone Management Commission. On motion of Mr. Kelleher, seconded by Mr. Simon, this hearing was adjourned. APPLICATION NO. 13 - CASE 2043 The Secretary read the application as follows. Application of Metropolis Westchester Lanes Inc. requesting variances from Sections 89-3, 89-70 A and 14-33 D to construct five (5) retail sales stores with parking areas with average parking area per space of 315.0 sq. ft. to 342.0 sq. ft. where 350.0 sq. ft. is required; with one (1) off-street loading space where nine (9) are required; with three (3) standing signs where two are required; with one sign of 288 sq. ft. in area where 30.0 sq. ft. is the maximum area permitted and the standing signs proposed for the curbside area list two business uses where only one use may be listed for businesses in a B Zone District on the premises located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 137. Howard Hornstein, attorney, and Andrew Fredman, architect, appeared. Mr. Hornstein explained that this matter is also before the Planning Board, the Board of Architectural Review and the CZMC. Mr. Fredman demonstrated photographs and a rendering of the proposed building. He stated that providing 200 parking spaces was a goal and that a 350 square-foot parking space is rather generous. It is proposed that the signs will be on the building, on two pylons and on an "outrigger" which will be constructed perpendicular to the building so that the sign does not face the nearby residential area. Also proposed are banners over the entrances to the individual stores. On motion of Mr. Simon, seconded by Mr. Wexler, this matter was adjourned to the next meeting. ADJOURNMENT On motion of Mr. Gunther, seconded by Mr. Wexler, the meeting was adjourned at 12:07 AM. Bonnie M. Burdick