Loading...
HomeMy WebLinkAbout1991_12_04 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK DECEMBER 4, 1991, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman N �' Thomas E. Gunther R Ec' 6 Patrick B. Kelleher APR J. Rene Simon Arthur Wexler PATRICIA 1992 °I Tp�y 1 cDiC.1OCC10 MgMARoN Also Present: Lee A. Hoffman, Jr. , Counsel KYE William E. Jakubowski, Building Inspector 0 Marci Dustin, 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 8:18 PM. Mr. Hoffman stated that the Planning Board has been considering a two-lot subdivision which, because of frontage, will come before this Board as well. A lawyer for some of the neighbors has suggested that the Zoning Board should be the lead agency. However, after discussion, the members preferred to defer to the Planning Board because issues such as drainage and traffic are likely to be considered. Therefore, on motion of Mr. Wexler, seconded by Mr. Simon, the Board with a 4-0-1 vote, Mr. Negrin abstaining, recommended that the Planning Board be the lead agency for the Diforio application. APPLICATION NO. 1 - CASE 1065 The application was noticed as follows: Application of Ten Grand, Inc. requesting variances for an addition to a Supermarket. The proposed addition would have 305 parking spaces where 409 spaces are required and, of the parking supplied, thirty (30) spaces are 9.0' x 17.5' where 9.0' x 20.0' is required, both pursuant to Section 89-66A and Section 89-3, respectively; further, the building has lot coverage of 29.90% where 25% is the maximum allowed pursuant to Section 89-41A(3) and the extension will increase the extent by which the property is nonconforming pursuant to Section 89-57, in an Urban Renewal Zone District. Additionally, the "Finast" sign on the Weaver Street frontage would have some individual lettering 4.0 ft. high which is prohibited pursuant to Section 14-33 B and would face a residential district which is prohibited pursuant to Section 14-33G. Finally, the "Ferndale Center" sign as placed on the Boston Post Road would have a logo 6.0 ft. high and would itself be 6.0 ft. high where 3.0 ft. is the maximum height allowed for a sign or for individual letters or logos pursuant to Section 14-33B on the premises located at 1330 Boston Post December 4, 1991 -2- Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463. Appearing were Donald Mazin, attorney; Richard Rheaume, engineer; Peter Doern, appraiser; and Jack Reardan and Fred Coleman, architects. They answered questions on their submissions and explained their schematic drawings. Mr. Mazin stated that the B.A.R. had approved this Board's request for more trees in the parking lot. The mezzanine will be placed over the entrance and will be accessible to the handicapped. The needs of modern food stores were reiterated, and Mr. Doern gave the history of various stores in the area asserting that stores failing to follow trends by increasing size are more vulnerable to failure. Alternatives had been investigated; some would have required rebuilding, which would have been prohibitively expensive. ADJOURNMENT Mr. Negrin adjourned the meeting at 10:05 PM and reopened it at 10: 14 PM. Appearing in opposition were Mark Greene, 36 Maple Hill Drive; Gordon Oppenheimer, 50 Howell Avenue and William McDermott, 11 Ferndale Place. They stated that the large signs were like those on Central Avenue, that Ten Grand was blackmailing the Town and that the variance should not be granted. On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were unanimously granted. WHEREAS, Ten Grand, Inc. has submitted an application to the Building Inspector, together with plans, to erect a sign on the wall facing Weaver Street frontage which would have some individual lettering 4.0 feet high and would face a residential district, and to erect a sign on the wall facing Boston Post Road, which would have a logo 6.0 feet high and would itself be 6.0 feet high, on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463; 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 14-33 B and 14-33 G; and WHEREAS, Ten Grand, Inc. submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; December 4, 1991 -3- NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. This Board accepts the recommendations of the Board of Architectural Review concerning the distance of the building from the street and the size of the signs as being in proportion with the length of the facade. 2. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 3. The granting of the 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 strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 14-33 B and 14-33 G of the Zoning Ordinance be varied and modified so as to allow the erection of a sign with some lettering 4.0 feet high and which would face a residential district and of another sign with a logo 6.0 feet high and which would be 6.0 feet high on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463, in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. December 4, 1991 -4- On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted. WHEREAS, Ten Grand, Inc. has submitted an application to the Building Inspector, together with plans, to construct an addition to a supermarket which would have 305 parking spaces where 409 spaces are required and, of the parking supplied, thirty (30) spaces are 9.0' x 17.5' where 9.0' x 20' is required, on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463; 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 89-66 A and 89-3; and WHEREAS, Ten Grand, Inc. submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. This is an irregularly shaped lot. 2. The increase in planting in and around the parking lot will soften the appearance. 3. The planting was reviewed by the Board of Architectural Review and accepted by it. 4. There can be fewer parking spaces because the different tenants have different peak parking demands. 5. There are seasonal fluctuations in volume. The study submitted by the applicant concluded from both occasions studied that there were always a large number of excess parking spaces. This was confirmed by statements made at the hearing and the personal inspections made by the members. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the 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. December 4, 1991 -5- 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-66 A and 89-3 of the Zoning Ordinance be varied and modified so as to allow 305 parking spaces where 409 spaces are required and, of the parking supplied, thirty (30) spaces would be 9.0' x 17.5' where 9.0' x 20' is required on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following conditions shall attach to the variance: 1. The applicant shall offer to the school district to plant a buffer up to 10-feet wide on the school property along the northernmost 250 feet of the common property line and shall offer to maintain such shrubs, subject to an easement If the school district declines this offer and the Building Department is notified in writing thereof, the applicant shall plant a buffer at least 10-feet wide along the line between the store and the school. Such planting shall be on the applicant's side of the property line. 3. White pine and arbor vitae shall be planted and maintained to match the height of the existing arbor vitae at the southernmost part of such common property line. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. December 4, 1991 -6- On motion of Mr. Negrin, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Ten Grand, Inc. has submitted an application to the Building Inspector, together with plans, to construct an addition to a supermarket which would have lot coverage of 29.90% where 25% is the maximum allowed and the extension will increase the extent by which property is nonconforming on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463; 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 84-41 A(3) and 89-57; and WHEREAS, Ten Grand, Inc. submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The applicant has demonstrated a practical difficulty in the use of this property. 2. The applicant has explored alternatives; this addition is the minimum to alleviate the practical difficulty shown. 3. The overall plan has been endorsed by the Planning Board and the Board of Architectural Review. 4. The current structure has a grade differential in excess of two (2) feet between the existing food store and the adjacent stores which precludes expansion in that direction. 5. A food store has difficulty with respect to shopping carts with grades and the use of a second floor. 6. This variance allows an improvement to the store which will be an asset to the community. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. December 4, 1991 -7- 8. The granting of the 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. 9. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-66 A of the Zoning Ordinance be varied and modified so as to allow an addition to a supermarket which would have lot coverage of 29.90% and Section 89-57 of the Zoning Ordinance be varied and modified so as to allow a further non-conforming use on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following conditions shall attach to this variance: 1. A buffer zone, 10 feet wide, shall be constructed starting at a point on the east side of Weaver Street running parallel to the line defining the parking area at the western side of the store. The buffer zone shall continue, widened to 20 feet as shown on the plans, along the south side of the parking area to a point where currently trees and shrubs are shown then continue further in a 20 foot arc in a clockwise direction to the westerly property line. 2. There shall be no trucks parked at the rear adjacent to the school and residential property between 9 PM and 6:30 AM. 3. Drivers of Finast refrigerator trucks shall shut down their refrigeration compressors while on the site. 4. Interior store lights will be reduced to amaximum of one-half of their intensity shortly after closing. 5. All exterior lights on the facade shall be no more than 50% of their intensity shortly after closing. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. December 4, 1991 -8- APPLICATION NO. 2 - CASE 1071 The Secretary read the application as follows: Application of Clocktower Associates requesting a variance to construct a parking area which is a prohibited principal use in a B-MUB business Mixed Use Zone pursuant to Section 89-9 and is a prohibited Special Use pursuant to Section 89-28.1 A & B. The proposed lot, in a B-MUB Zone, would be on the premises located at 3-5 Byron Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Lot 440. Appearing were Farooq Kathwari, partner in Clocktower Associates, and Lawrence Gordon, architect. They proposed demolishing the house in place on the site and replacing it with a parking lot for 17 cars which will be used only by employees in the Clocktower Building across the street. The applicant intents that the lot will remain legally separate from the parking lot next to it which is also owned by Clocktower Associates. The Board offered no assurance as to the legal status of these lots. Mr. Negrin read a letter from Edward Ferrarone of Lane Associates, owner of Madison Avenue, in favor of the application which will become part of the record. Mr. Gordon had designed a retention facility to deal with excess groundwater. The Board requested that the Town's Consulting Engineer review these plans. There was discussion of whether the applicant would apply for a use variance or for permission to locate parking on a non-adjacent lot as • permitted in Section 89-67 A. The applicant will consult with its counsel and contact with the Building Department. On motion of Mr. Kelleher, seconded by Mr. Simon, 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 an Unlisted 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. Gunther, with the consent of the applicant, this matter was adjourned to the next meeting of this Board. CASE NO. 3 - APPLICATION NO. 1072 Due to the lateness of the hour, this applicant asked that her matter be adjourned to the next meeting, and the Board agreed. December 4, 1991 -9- CASE NO. 4 - APPLICATION NO. 1073 The Secretary read the application as follows: Application of Mr. and Mrs. R. Borissoff requesting a variance from Section 89-31 B(3) to reduce the rear yard from 40 ft. required to 28.0 ft. for the construction of a rear terrace which will increase the extent by which the structure is non-conforming pursuant to Section 89-74, in an R-20 Zone District, on the premises located at 7 Adrian Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 307 Lot 92. Joe Petruccione, builder appeared He stated that two family members have allergies and cannot use their yard. Also, the creek in the yard regularly overflows. This is the best location for the addition as Mrs. Borisoff, a psychologist who sees patients at home, does not want the terrace near her office. Mr. Negrin stated that the proposed addition seem unnecessarily large and obtrusive On motion of Mr. Wexler, seconded by Mr. Gunther it was unanimously RESOLVED, that the Zoning Board of Appeal 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. Wexler, seconded by Mr. Kelleher, the following resolutions were adopted, 4-1, Mr. Negrin opposed. WHEREAS, Mr. and Mrs. R. Borisoff have submitted an application to the Building Inspector, together with plans, to construct a rear terrace on the premises located at 7 Adrian Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 307 Lot 92; 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(3) and 89-57; and WHEREAS, Mr. and Mrs. Borisoff submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; December 4, 1991 -10- NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. There are allergic members of the family who cannot seek passive recreation in the open yard. 2. There are no other houses in the neighborhood, which is adjacent to a golf course. 3. The size of the addition will not be obtrusive to others in the area. 4. The property is subject to flooding, which limits the use of the rear yard. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the 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 strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-31 B(3) of the Zoning Ordinance be varied and modified so as to allow a rear terrace with a 28.00 foot rear setback and Section 89-57 of the Zoning Ordinance be varied and modified so as to allow a further non-conforming use on the premises located at 7 Adrian Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 307 Lot 92 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. December 4, 1991 -11- APPLICATION NO. 5 - CASE 1074 The Secretary read the application as follows: Application of Mr. and Mrs. Ivan Lancaric requesting a variance from Section 89-35 B(1) to construct a bay window which would have a front setback of 18.0 ft. where 30.0 ft. is required. The window would be 49% of the wall width where 25% is permitted pursuant to Section 89-44D; and, further, the window increases the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 49 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Lot 142. The Lancarics appeared with their architect, Ethelind Coglin. They needed to return to this Board as their request for a bay window had not been properly noticed when they were granted a variance for an addition last month. The Lancarics sought this window as a place to put a kitchen table, to supply light and to reduce the appearance of mass at the front of the building. On motion of Mr. Gunther, seconded by Mr. Simon, 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 On motion of Mr. Simon, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Ivan Lancaric have submitted an application to the Building Inspector, together with plans, to construct a bay window on the premises located at 49 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Lot 142; 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 84-35 B(1), 89-44D and 89-57; and WHEREAS, Mr. and Mrs. Lancaric submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; December 4, 1991 -12- NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The front portion of the house in set back. If it were flush, no variance would be necessary. 2. This addition will add square footage to the kitchen. 3. The addition will enhance the previously approved addition. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. The granting of the 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 strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-35 B(1) of the Zoning Ordinance be varied and modified so as to allow a a bay window with a 18.00 front yard setback, Section 89-44D of the Zoning Ordinance be varied and modified so as to allow a bay window covering 49% of the wall and Section 89-57 of the Zoning Ordinance be varied and modified so as to allow a further non-conforming use on the premises located at 49 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Lot 142 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. December 4, 1991 -13- APPLICATION NO. 6 - CASE 1075 The Secretary read the application as follows: Application of Mr. and Mrs. P. Paterno requesting a variance from Section 89-31 B(3) to construct a rear sunroom which would have a rear yard of 20.0 ft. where 40.0 ft. is required, in an R-20 Zone District, on the premises located at 9 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Lot 1480. Mr. and Mrs. Paterno appeared with their architect, Mark Mustacato. Mrs. Paterno has an allergy to insect bites and wants to use the proposed outdoor room with her grandchildren. However, the members stated that the size of the addition requested, 680 square feet, was excessive. With the consent of the applicant, on motion of Mr. Simon, seconded by Mr. Wexler, this application was adjourned. APPLICATION NO. 7 - CASE 1076 The Secretary read the application as follows: Application of Mr. and Mrs. Robert Goodman requesting a variance from Section 89-35 B(3) to reduce the rear yard from 42.0 feet required to 16.5 feet for the proposed construction of a rear enclosed room which will increase the extent by which the structure is non-conforming pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 27 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 252. Mr. Goodman appeared. He explained that his two children were growing and that he and his wife needed a study of their own. They proposed enclosing a porch area, which did not change the footprint of the house. On motion of Mr. Gunther, seconded by Mr. Simon, 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. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted; WHEREAS, Mr. and Mrs. Robert Goodman have submitted an application to the Building Inspector, together with plans, to construct a rear enclosed room on the premises located at 27 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 252; and December 4, 1991 -14- 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 84-35 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Goodman submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. This is a substandard lot. 2. The enclosure would not change the footprint of the house or the height of the existing porch. 3. The room is well-screened from the neighbors. 4. The project has been discussed with the neighbors, and there is no objection. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the 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 strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-35 B(3) of the Zoning Ordinance be varied and modified so as to allow a rear enclosed room with a 16.5 rear yard setback and Section 89-57 of the Zoning Ordinance be varied and modified so as to allow a further non-conforming use on the premises located at 27 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 252 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is December 4, 1991 -15- FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. NEXT MEETING The next meeting of this Board will be held Wednesday, January 29, 1992. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Gunther, the meeting was adjourned at 1:10 AM. Bonnie M. Burdick