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HomeMy WebLinkAbout1992_02_26 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK FEBRUARY 26, 1992, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick E. Kelleher J. Rend Simon Arthur Wexler RECEIVED AAlso Present: Nancy Rudolph, Counsel ARI 2 1992 William E. Jakubowski, Building Inspector pA�TOWNC ERK��� A1AMARONECK N.Y. Karen Brideau, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:20 PM. APPROVAL OF MINUTES On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes for the meeting of August 30, 1991 were approved. It was decided to circulate Mr. Negrin's corrected minutes for October and December and vote on them at the end of the meeting. Mr. Negrin also circulated a New York City bulletin concerned with up-county reservoirs. APPLICATION NO. 1 - CASE 1071 The Secretary read the application as follows. Application of Clocktower Associates, 3-5 Byron Place adjourned from January 29, 1992. John Manning, attorney, and Lawrence Gordon, architect, appeared. They stated that the applicant wishes to separate the proposed lot from the other one that it owns so that it could be sold individually in the future and to avoid the improvements on the existing parking lot that are required for the new lot. They also stated that the Town Engineer has agreed with their suggestion that the performance of such tests as the percolation rate may be postponed until after the house is demolished. On motion of Mr. Wexler, 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 February 27, 1992 -2- 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 and by reviewing the full environmental assessment form as submitted by the applicant, therefore requiring no further action under SEQRA On motion of Mr. Negrin, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Clocktower Associates has submitted an application to the Building Inspector, together with plans, to construct a parking area 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; 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 89-9 and 89-28.1 A & B; and WHEREAS, Clocktower Associates 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 Clocktower Building does not have sufficient parking. 2. Dedication of this lot to parking would alleviate this shortage. 3. The existing house is of no particular value to the community. 4. The variance granted is the minimum to alleviate the unnecessary hardship 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 February 27, 1992 -3- FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-9 and 89-28.1 A & B of the Zoning Ordinance be varied and modified so as to allow the construction of a parking lot as a Special Use in a B-MUB Zone 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 in strict compliance 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 condition shall be attached to this variance: Percolation tests shall be performed in a manner that is satisfactory to the Building Department/Town Engineer. 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. Mr. Negrin expected Mr. Gunther to be late and wanted him to hear the Carilli application before hearing it. Therefore, with William Widulski's agreement, the Board heard Application No. 3 next. APPLICATION NO. 3 - CASE 1083 The Secretary read the application as follows. Application of United Builders requesting a variance from Section 89-67B to maintain the edge of the driveway 1.9 feet from the side line where 5.0 ft. is required in an R-30 Zone District on the premises located at 6 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 24. Anthony Carilli, builder, appeared with Jayne Hanson, owner. Mr. Carilli stated that his company had been unaware of the 5 foot requirement. The curb of the driveway had been set to make turns into the garage workable; it is only one section of the arc that is out of compliance. Mr. Negrin noted that the house is surrounded by a good deal of open space. Mr. Gunther entered the meeting during the discussion of this application. February 27, 1992 -4- On motion of Mr. Wexler, seconded by Mr. Simon, by a vote of 4-0-1, Mr. Gunther abstaining,it was 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 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. Wexler, the following resolutions were adopted by a vote of 4-0-1, Mr. Gunther abstaining WHEREAS, United Builders has submitted an application to the Building Inspector, together with plans, to maintain the edge of a driveway on the premises located at 6 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 24; 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 WHEREAS, United Builders 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. It would be a practical difficulty to turn into the garage if the paved area were reduced to the required 5 feet. 2. There is a lot of open space between properties in the neighborhood. 3. The property is irregularly shaped , and there is a steep grade next to the neighboring property. 4. Most of the arc of non-conformance is considerably less than the 1.9 feet requested. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. February 27, 1992 -5- 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. 5. 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 89-67 B of the Zoning Ordinance be varied and modified so as to allow an edge of the driveway to be 1.9 feet on the premises located at 6 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 24 in strict compliance 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. APPLICATION NO. 2 - CASE NO. 1083 The secretary read the application as follows. Application of Carl Carilli, 59 West Garden Road, adjourned from January 29, 1992. William Widulski, engineer, represented the owner. He reiterated his opinion that Mr. Carilli had the right to build on this sub-standard lot and enumerated the parcels (17) in the neighborhood which have 50 foot frontages. Mr. Widulski stated that the setback would be similar to the adjacent properties. There were a number of neighbors in attendance. Those who spoke were: Richard Tortorella, 61 West Garden Road; Sharon Holmgren and Philip Strenger, 62 West Garden Road; Anita Levy, 35 Ellsworth Road; Hayden Smith, 44 Fernwood Road; and John O'Neil, 32 Fernwood Road. They expressed their previously stated concerns about density in the neighborhood, the need for blasting and the height of the proposed house. Mr. Widulski stated that comparably sized houses exist in the neighborhood and reminded the Board that Mr. Carilli has been paying taxes on the lot for nine years. February 27, 1992 -6- Mr. Negrin stated that he preferred not to address the Building Inspector's interpretation that the land was not a buildable lot at this time. In this situation the two contiguous lots had been separately owned, jointly owned and then separately owned. Mrs. Rudolph advised that such lots are still considered to be one lot for zoning purposes. Mr. Wexler stated that the house, as proposed, is large for the property. He reminded Mr. Widulski that he had requested a profile of the house and its neighboring properties. On motion of Mr. Wexler, 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. Simon, this matter was unanimously adjourned to the next meeting of this Board with the consent of the applicant's representative. APPLICATION NO. 4 - CASE 1084 The Secretary read the application as follows. Application of Caren Wisner requesting variances from Section 89-31 B (3) to construct an addition with a rear yard of 23.33 ft. where 40.0 ft. is required and Section 14.48 A (1) for a pool deck 4.0 ft. from the dwelling where 15.0 feet is required in an R-20 Zone District on the premises located at 17 Gate House Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 350.7. Mr. Negrin recused himself as he is an adjacent neighbor, close friend and has had business dealings with the Wisners. Mr. Wexler stated that he knew the Wisners but did not feel that he would be biased. Philip Franz, architect, appeared with Mr. and Mrs. Wisner. He stated that the Wisners sought to build and exercise room as Mrs. Wisner needs one for health purposes. Mr. Franz submitted a letter from her doctor which will become a part of the record. The property is irregularly shaped with a large rock outcropping. When this situation is considered in connection with the location of the rooms within the house, the exercise room has to be placed at a non-conforming place. Evergreens will be planted to block the view of the one-story addition. Mr. Franz also advised that a discrepancy had been found by the applicant well after purchasing the property with the existing pool deck. The pool deck from the rear property line. February 27, 1992 -7- On motion of Mr. Wexler, seconded by Mr. Kelleher, by a vote of 4-0-1 with Mr. Negrin abstaining, 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 approved, by a vote of 4-0-1 with Mr. Negrin abstaining. WHEREAS, Caren Wisner has submitted an application to the Building Inspector, together with plans, to to maintain a pool deck on the premises located at 17 Gate House Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Lot 305.7; 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 14-48 A(1); and WHEREAS, Mrs. Wisner 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 deck was built 3 years ago and would be difficult to remove. 2. The applicant was of the opinion that the pool deck conformed to the Zoning Code when the house was purchased. 3. The pool, deck and terrace are not inconsistent with the character of the neighborhood. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. February 27, 1992 -8- 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 14-48 A (1) of the Zoning Ordinance be varied and modified so as to allow a pool deck 4.00 feet from the dwelling on the premises located at 17 Gate House Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Lot 350.7 in strict compliance 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. In connection with the addition, on motion of Mr. Wexler, seconded by Mr. Gunther, it was, with a vote of 4-0-1, Mr. Negrin abstaining, 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 adopted by a vote of 4-0-1 with Mr. Negrin abstaining. WHEREAS, Caren Wisner has submitted an application to the Building Inspector, together with plans, to construct a rear addition on the premises located at 17 Gate House Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Lot 350.7; 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 31 B (3); and February 27, 1992 -9- WHEREAS, Mrs. Wisner 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 property is irregularly shaped. 2. The location chosen for the addition is the only buildable area, as the lot is burdened by a large outcropping. 3. The traffic flow and shape of the house made planning an addition in a different place awkward. 4. The applicant needs an exercise room for medical reasons and has submitted a letter from her physician. The medical condition occurred after the purchase of the property. 5. The adjacent neighbors are in favor of the application. 6. The addition is 13% of the existing first floor space. 7. This addition is no closer to the rear lot line than the pool and deck. 8. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 9. 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. 10. 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 an addition with a rear yard of 23.33 feet on the premises located at 17 Gate House Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Lot 350.7 in strict compliance 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 February 27, 1992 -10- 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. APPLICATION NO. 5 - CASE 1085 The Secretary read the application as follows. Application of Gerard Avelino requesting variances from Sections 89-33 B(1) and B(3) to construct an addition with a front yard of 21.95 where 30.0 ft. is required and a rear yard of 10.05 ft. where 25.0 ft. is required. Further, the addition increases the extent by which the structure is nonconforming pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 124 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 280. Mr. Simon recused himself because of work performed for the Avelino's son. Donald S. Mazin, attorney, appeared on behalf of the applicant with the architect, Mike Mustacato. He explained how this application was different from the one denied by this Board 6 months ago. The front and rear setbacks would remain as they are. The dining room area would be opened up, be made into the kitchen and a new dining room would be built. Mr. Mazin stated that this plan stays within the footprint of the house. He submitted an assessment map colored to show the proximity of houses in this area. Mr. Mazin stated that he was seeking an interpretation of the ordinance concerning corner lots. He maintained that the homeowner could redesignate his rear yard at a point more than 100 feet from the front lot line. Mrs. Rudolph stated that this Board could decide to grant a variance for the front yard and that she agreed with the opinion stated by the Board's former as set forth in his memo of October 1, 1991. A number of neighbors were in the audience. Those who spoke were: James Miller, 8 Stoneyside Drive; Robert Conkling, 130 West Garden Road; Michael O'Reilly, 126 East Garden Road; and Anita Levy, 35 Ellsworth Road. Their objections were: 1) Several larger families have lived in the subject house comfortably; 2) The Avelino's failed to finish completely the construction started at 22 Little Farms Road in 1988; 3) They demonstrated that the addition would not, in fact, be within the existing building envelope; 4) The Avelinos have not lived up to their undertaking to work with the neighbors; 5) The concerns expressed in their letter submitted in August still stand, and the neighbors resubmitted said letter for this record. February 27, 1992 -11- With respect to the interpretation requested, on motion of Mr. Negrin, seconded by Mr. Gunther, this Board voted 3 - 1 -1, with Mr. Wexler opposed and Mr. Simon abstaining, to sustain the interpretation of the Building Inspector and that Section 89-3 does not give the applicant relief from a front yard burden. With respect to the variance requested, Mr. Mazin explained that the plan as presented worked better for the layout, that the dining room and kitchen were below Larchmont standards. Mr. Wexler agreed that the dining room was somewhat small by local standards. Mr. Mazin also stated that certain neighbors have declined to discuss the Avelinos' overtures, that the self-created hardship concept is not applicable, that an 18 x 17 foot dining room is the minimum size that will satisfy the applicants' needs, that the applicants' neighborhood in Brooklyn was uninhabitable and moving to Westchester was urgent, and that there would be no visual impact on the neighborhood. Mr. Negrin noted that the addition would be visible for Brookside Drive and from Garden Road and would be particularly visible from four rear and side yard neighbors' lots. Mr. Kelleher stated that he remained unpersuaded about the hardship. He felt that the applicants should have been aware of the difficulties with the house when they purchased it. Mrs. Rudolph stated that it was necessary for the applicant to specify what practical difficulties are unique to this property. Labeling it substandard is not sufficient. On motion of Mr. Wexler, seconded by Mr. Gunther, by a vote of 4-0-1, Mr. Simon abstaining, it was 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. Mr. Kelleher's motion, seconded by Mr. Negrin, to deny this application was not adopted. Mr. Wexler and Mr. Gunther were opposed to the denial, and Mr. Simon abstained. Mrs. Rudolph stated that according to Section 267 of the Town Law any action must be made by a majority. Thus, the Board's vote constitutes a "non-action. She stated that this matter could remain open at this meeting or other motions could be discussed. Mrs. Rudolph agreed with Mr. Mazin that it would be legal for the Town Board, if desired, to appoint a special member to review this matter and to replace the fifth member who had recused himself. Mr. Wexler stated that this design met a lot of criteria, and Mr. Gunther suggested that the Board could consider a request for a lesser variance. February 27, 1992 -12- On motion of Mr. Kelleher, seconded by Mr. Wexler, with the consent of the applicant, this matter was adjourned to the next meeting. ADJOURNMENT Mr. Negrin declared an adjournment at 12:15 AM and re-opened the meeting at at 12:24 AM. APPLICATION NO. 6 - CASE 1086 Application of Martha Kaufman requesting variances from Sections 89-33 B(2)(a&b) and 89-33 B (3) to construct a rear deck and kitchen addition which would have a side yard of 8.0 ft. and a total side yard of 17.5 ft. where 10 ft. and 25.0 ft. respectively is required. The deck would have a rear yard of 10.5 ft. where 25.0 ft. is required for a residence in an R-10 Zone District on the premises located at 30 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506 Lot 294. Lawrence Gordon, architect, appeared with Mrs. Kaufman. He stated that the Kaufmans want to build a larger kitchen on their 1Z-story house using the current deck. The Kaufmans and Mr. Gordon feel that this area is the only place an extension can be done. Mrs. Kaufman stated that she had bought the house five years ago. Since then two children have been born and parents-in-law visit frequently and for fairly long periods of time. She felt that this addition here would be the least encroachment for her side neighbors and those across the street. The applicant will work to save a large tree in the back yard. Pat Mazzula of 7 Pheasant Run objected to the encroachment onto his 1 acre and felt that a side addition would be better On motion of Mr. Wexler, 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. Simon, the following resolutions were unanimously adopted: WHEREAS, Martha Kaufman has submitted an application to the Building Inspector, together with plans, to construct a rear deck and kitchen addition on the premises located at 30 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506 Lot 294; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town February 27, 1992 -13- of Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B(2)(a&b) and 89-33 B(3); and WHEREAS, Mrs. Kaufman 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 split-level house with the majority of the living space on the lower level. It is impossible to increase the size of the kitchen without building into the yard. 2. The size of the proposed kitchen is reasonable, and the existing kitchen is undersized as compared to the needs of this family. 3. The additions will afford the owners use and enjoyment of their property. 4. The property is adjacent to an expansive, open area in 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 Sections 89-33 B(2)(a&b) and 89-33 B (3) of the Zoning Ordinance be varied and modified so as to allow a rear deck and kitchen addition with a side yard of 8.0 feet and a total side yard of 17.5 feet and a rear yard of 10.5 feet on the premises located at 30 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506 Lot 294 in strict compliance 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 February 27, 1992 -14- Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that the following condition shall attach to the variance: The applicant shall use all reasonable means to preserve the tree in the left rear yard. 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. APPLICATION NO. 7 - CASE 1087 Application of Andrew Gutstein requesting a variance of Section 89-32 B (3) to construct a deck which would have a rear yard of 19.0 ft. where 25.0 ft. is required in an R-15 Zone District on the premises located at 8 Addee Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Lot 273. Mr. Gutstein appeared. He stated that his back yard tends to get wet and that a deck would not impact neighbors as the property is adjacent to Town land and his rear yard neighbors are more than 10 feet above his grade. The Board requested better drawings including elevations. With the consent of the applicant, on motion of Mr. Wexler, seconded by Mr. Gunther, this application was adjourned to the next meeting. APPLICATION NO. 8 - CASE 1088 Application of Mr. and Mrs. James Druker requesting variances of Section 89-33 B (2)(a) to maintain a rear deck which has a side yard of 4.9 ft. where 10.0 is required and of Section 89-67 B to maintain unenclosed off-street parking which is 0.0 ft. from the rear lot line where 5.0 ft. is required for a residence in an R-10 Zone District on the premises located at 4 Falls Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 419. Mrs. Druker appeared on behalf of the application. She stated that this is a corner lot where the driveway had been in place for 25 years - long before the Drukers bought the house. Also, they had unwittingly replaced AVY. a concrete patio with a deck without a building permit. - _ oL- -. e.- I- -5 . • , . , . ,ss 1 0, , i h I . ' . , , . .. February 27, 1992 -16- 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. 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 89-33 B(2)(a) and 89-67 B of the Zoning Ordinance be varied and modified so as to allow a rear deck with a side yard of 4.9 feet and an unenclosed off-street parking 0.0 feet from the rear lot line on the premises located at 4 Falls Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 419 in strict compliance with the plans filed with this application andany 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. APPROVAL OF MINUTES On motion of Mr. Negrin, seconded by Mr. Simon, the minutes of October 3, 1991 were unanimously approved. On motion of Mr. Negrin, seconded by Mr. Simon, the minutes of October 30, 1991 were unanimously approved. On motion of Mr. Negrin, seconded by Mr. Simon, the minutes of December 4, 1991 were unanimously approved. ADJOURNMENT On motion of Mr. Gunther, seconded by Mr. Kelleher, meeting was adjourned at 1:10 AM. Bonnie M. Burdick