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HomeMy WebLinkAbout1990_02_28 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK FEBRUARY 28, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Arthur Wexler Absent: Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector John McGarr, Town Councilman Marci Altman, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:15 PM. He had received valuable maps from the County showing all open spaces, coded to show ownership and/or use, which he offered to lend to other members of the Board. APPROVAL OF MINUTES On motion of Mr. Gunther, seconded by Mr. Simon, the Board approved the minutes of August 16, 1989. On motion of Mr. Gunther, seconded by Mr. Simon, the Board approved the minutes of August 23, 1989. On motion of Mr. Simon, seconded by Mr. Gunther, the Board approved the minutes of November 29, 1989. NEXT MEETING The next meeting of the Board will be held March 28, 1990. APPLICATION NO. 1. - CASE 956 The Recording Secretary read the application as follows: Application of Ms. P. Konvalinka, 125 East Hickory Grove Drive, adjourned from the meeting of January 24, 1990. An architect from I & G Associates appeared with Mrs. Konvalinka. The case had been adjourned so that the members could examine the deck from the perspective of its neighbors. Mr. Negrin stated that the deck truly February 28, 1990 -2- did obtrude and that the use of the neighbor's yard was diminished. Mr. Wexler pointed out that the deck was not supported according to code. He stated that while the builder was replacing said supports, it would not be difficult to remove 3' from the deck. Removing any more than said 3' would render a door from the house to the deck unusable. 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. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted 4 - 1, Mr. Kelleher opposed: WHEREAS, P. Konvalinka has submitted an application to the Building Inspector, together with plans to retain a deck on the premises located at 125 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 201; 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, Mrs. Konvalinka 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. There would be an economic hardship in removing the deck which is in non-conformance. February 28, 1990 -3- 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; and 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 89-33 B (2) (a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a deck on the premises located at 125 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 201 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 be attached to this variance: 1. The 4'3" setback from the side yard lot line will be increased to 7'3' . 2. The existing pier and support beam in the Northeast corner of the deck may remain. 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 957 The applicant had requested that the Board adjourn this application until the next meeting. ***** February 28, 1990 -4- APPLICATION NO. 3. - CASE 951 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Bocian requesting variances for the proposed construction of a patio and pool. The swimming pool as proposed would have a patio within 3.67 feet of an existing patio where 15.0 feet is required and a rear yard of 13.0 feet where 20.0 feet is required pursuant to Section 14.48 A(1) and (2) respectively; the proposed patio would have a 9.25 feet side yard where 15.0 is required pursuant to Section 89-31 B(2)(a), in an R-20 Zone District, on the premises located at 19 Split Tree Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 303 Parcel 37. Alan Pilcher, Landscape Architect, appeared with Dr. Bocian. The applicant requested three variances in order to place a swimming pool in an esthetically pleasing place and to avoid a sanitary sewer easement. There was a discussion about whether the variance of a patio too close to a deck was required in this particular case. 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. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were adopted 4 - 0, with Mr. Wexler abstaining: WHEREAS, Mr. and Mrs. Bocian have submitted an application to the Building Inspector, together with plans to construct a pool and patio on the premises located at 19 Split Tree Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 303 Parcel 37;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 14.48 A(10 and (2) respectively and 89-31 B(2) (a) ; and WHEREAS, Mr. and Mrs. Bocian 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 February 28, 1990 -5- 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 proposal is consistent with other structures in the neighborhood. 2. The shrubbery on the lot and the severe grade provide ample screening. 3. Because of the sewer easement, the grade and the rock outcroppings, the place chosen is the only feasible place to put a swimming pool. 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; and 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 Sections 14.48 A (1) and (2) respectively and 89-31 B(2)(a) of the Zoning Ordinance be varied and modified so as to allow the construction of a patio and pool on the premises located at 19 Split Tree Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 303 Parcel 37 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. ***** ADJOURNMENT Mr. Negrin adjourned the meeting for a short recess at 9:21 PM. The meeting reopened at 9:26 PM. ***** February 28, 1990 -6- APPLICATION NO. 4 - CASE 958 A The Recording Secretary read the amended application as follows: Application of Mr. and Mrs. G. Musilli requesting variances to permit an existing dwelling to remain with one side yard of 15.13 feet where 20.0 feet is required and a total side yard of 42.62 feet where 50.0 feet is required pursuant to Section 89-30.1-C(1) and (2) , in an R-30 Zone District, on the premises located at 8 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Parcel 23. Mr. Musilli appeared on behalf of his application. He stated that his house had been built with 5 feet into the side yard. It is only a small corner of the house which juts out as the lot is unusually shaped. A Building Permit was issued; the mistake was discovered when Mr. Musilli was seeking a variance for his driveway. 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. On motion of Mr. Simon, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Musilli have submitted an application to the Building Inspector, together with plans, to permit an existing dwelling to remain on the premises located at 8 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Parcel 23; 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 89-30.1-C(1) and (2) ; and WHEREAS, Mr. and Mrs. Musilli 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 February 28, 1990 -7- 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, making it difficult to maintain full side yard setbacks. 2. In 1987, when the house was built, a Building Permit was issued, and the house was constructed to in accordance with the permit. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. 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; and 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 89-30.1-C (1) and (2) of the Zoning Ordinance be varied and modified so as to allow an existing dwelling to remain on the premises located at 8 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Parcel 23 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. APPLICATION NO. 5 - CASE 960 The Recording Secretary read the application as follows: Application of Mr. Kenneth Thaule requesting variances for the proposed construction of a deck and also to retain an existing shed. The proposed deck would have a side yard of 1.4 feet where 8.0 feet is required pursuant to Section 89-35 B(2)(a) and would increase the extent by which the structure fails to conform pursuant to Section 89-47. The shed as February 28, 1990 -8- exists has a side yard and rear yard of 2.4 feet where 5.0 feet is required pursuant to Section 89-35 B(2)(c) , in an R-7 Zone District, on the premises located at 85 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 640. Robert Thaul appeared on behalf of his father. He stated that the deck was placed to save a parking space in the back and that his neighbors had no problem with his plan. Concerning the shed, Mr. Thaule stated that there was a fence next to the shed as well as a wooded area. 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. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Kenneth Thaule has submitted an application to the Building Inspector, together with plans to construct a deck and to retain a shed on the premises located at 85 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 640; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B(2)(a) , 89-35 B(2)(c) and 89-57; and WHEREAS, Mr. Thaule 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 difficult to place the deck in another place. 2. The shed is bounded by a garage, fence and a wooded area and is in as unobtrusive a spot as is possible. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. February 28, 1990 -9- 4. 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; and 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 the following conditions shall attach to this variance: 1. The staircase from the deck shall be redesigned and built parallel to the house and be directed away from the nearest side yard rather than obtrude into the side yard. 2. The shed may stand only while the house is owned by the Thaule family. FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B (2)(a) , 89-35 B(2)(c) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a deck and the retention of a shed on the premises located at 85 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 640 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. ***** APPLICATION NO. 6 - CASE 961 The Recording Secretary read the application as follows: Application of Mr. and Mrs. A. Zelmanowicz requesting a variance for the proposed construction of a swimming pool and deck. The pool would have its deck 10.0 feet from the proposed wood deck where 15.0 feet is required pursuant to Section 14-48 A(1) , in an R-20 Zone District, on the premises located at 12 Kolbert Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 307 Parcel 266. February 28, 1990 -10- A. Anthony Acocella, Landscape Architect, appeared with the Zelmanowiczs. He stated that the applicant had sited the pool to save a large willow tree. A form of viburnum will be planted under said tree. 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. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were adopted: WHEREAS, Mr. and Mrs. A. Zelmanowicz have submitted an application to the Building Inspector, together with plans, for the construction of a pool and deck on the premises located at 12 Kolbert Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 307 Parcel 266; 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, Mr. and Mrs. Zelmanowicz 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 encroachment is consistent in order to save an existing tree. 2. The proposed deck and pool are within the side and rear yard envelope. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be February 28, 1990 -11- injurious to the neighborhood or otherwise detrimental to the public welfare; and 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 89-48 A(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a deck and pool on the premises located at 12 Kolbert Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 307 Parcel 266 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 ***** APPLICATION NO. 7 - CASE 962 The Recording Secretary read the application as follows: Application of 21 North Chatsworth Avenue Owners Corp. requesting variances to retain a cedar fenced garbage enclosure on a corner lot. The structure as exists has front yards of 1.4 feet and 1.5 feet where 15.0 feet is required pursuant to Section 89-39 B(1) ; the structure is located in a front yard where the location is further restricted pursuant to Section 89-39 B(3)(b) which requires location in the rear one third of the lot and Section 89-57 which prohibits an increase in the extent of non-conformity for a structure, in an R-TA Zone District, on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 514 Vincent Ettari, engineer, represented the apartment house corporation. He explained that when the corporation had taken over some land from Presidential Associates for a parking lot, the Town had requested that the dumpsters be placed in a place more convenient for sanitation pickup. The Board felt that the stockade fence was very unattractive and something that many residents pass frequently. It was described a "bold eyesore". February 28, 1990 -12- Mr. Jakubowski stated that the area near the large tree, which looks like a logical dumpster site, has to be left vacant so that the Town Fire Department's aerial ladder can park there in an emergency. Dr. Hammer, representing the apartment houses at 1 and 3 Washington Square, asked that the enclosure be left where it is. The Board requested input from the garbage commission and wanted to know more how dumpsters and the enclosure worked. Mr. Wexler suggested that a dugout arrangement might be made. With the consent of Mr. Ettari, on motion of Mr. Gunther, seconded by Mr. Simon, the Board voted unanimously to adjourn this matter to its next meeting on March 28, 1990. APPLICATION NO. 8 - CASE 963 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Klein requesting a variance from Section 89-31 B(3) to reduce the rear yard from 40.0 feet required to 39.0 feet for the proposed construction of a Sun Room which will increase the extent by which the structure fails to conform pursuant to Section 89-57, in an R-20 Zone District, on the premises located at 22 Kolbert Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 308 Parcel 31. Steven Klein appeared on behalf of his application. He stated that the interior of his house had been redesigned. He wanted to extend the sun room into a deck for which he had already received a variance. 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. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mr. S. Klein have submitted an application to the Building Inspector, together with plans, to construct a sun room on the premises located at 22 Kolbert Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 308 Parcel 31; 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 February 28, 1990 -13- WHEREAS, Mr. and Mrs. Klein 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 variance of one foot requested is minimal. 2. The rear yard is well screened. 3. The deck has already been the subject of a variance, and this room intrudes onto the deck. 4. The construction is consistent with the neighborhood. 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; and 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 89-31 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a sun room on the premises located at 22 Kolbert Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 308 Parcel 31 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 February 28, 1990 -14- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** ADJOURNMENT Mr. Negrin adjourned the meeting at 10:40 PM and re-opened it at 10:45 PM. APPLICATION NO. 9 - CASE 964 The Recording Secretary read the application as follows: Application of Mr. and Mrs. M. Kotzen requesting a variance from Section 89-33 B(2)(a) to reduce the side yard from 10.0 feet required to 8.3 feet for the proposed construction of second floor dormer extension which will increase the extent by which the structure fails to conform pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 18 West Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 198. Lawrence Gordon, architect, and Mr. and Mrs. Kotzen appeared on behalf of the application. The Kotzens wish to increase the space in a room by building a dormer. There is another dormer on a room on the other side of this part of the house so this addition will make the design even and continue the roofline. The footprint of the house is not increased, and no neighbors object. 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. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. M. Kotzen have submitted an application to the Building Inspector, together with plans, to construct a second floor dormer on the premises located at 18 West Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 198; 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. Kotzen submitted an application for a variance to this Board on the grounds of practical difficulty and/or February 28, 1990 -15- 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 extension will not increase the footprint of the house. 2. The proposed construction is consistent with the rest of the house in size, shape and materials. 3. This is a minimal variance. 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; and 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 Sections 89-33 B(2)(a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a second floor dormer on the premises located at 18 West Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 198 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 ***** February 28, 1990 -16- APPLICATION NO. 10 - CASE 965 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Land requesting a variance from Section 89-32 B(3) to reduce the rear yard from 25.0 feet required to 19.5 feet for the proposed construction of a deck and Sun Room which will increase the extent by which the structure fails to conform pursuant to Section 89-57, in an R-15 Zone District, on the premises located at 29 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 546. Lawrence Gordon, architect, appeared with Mr. Land. The house, which overlooks the Leather Stocking trail, has a damp, poorly-drained backyard. The deck will be placed off of the living areas which are a story and a half above the grade. The Lands wish to enjoy their backyard from "the treetops". 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. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. S. Land have submitted an application to the Building Inspector, together with plans, to construct a sun room and deck on the premises located at 29 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 546; 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 89-32 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Land 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 February 28, 1990 -17- sought on the following grounds: 1. The topography of the land makes the rear yard unusable. 2. The plans are consistent with a variance for the building next door and variances on the block. 3. The deck does not intrude upon the neighbors. 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; and 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 Sections 89-32 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a deck and sun room on the premises located at 29 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 546 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. ***** APPLICATION NO. 11 - CASE 966 The Recording Secretary read the application as follows: Application of Mr. and Mrs. T. McEvily requesting variances from Section 89-34 B(2)(a) to reduce the side yard from 10.0 feet required to 4.74 feet and Section 89-34 B(2)(b) to reduce the total of side yards from 20.0 feet required to 11.04 feet for the proposed construction of a deck over a garage roof which will increase the extent by which the structure fails to conform pursuant to Section 89-57, in an R-7.5 Zone District, on the premises located at 24 Wildwood Road and known on Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 146. February 28, 1990 -18- Mr. McEvily appeared on behalf of his application. He stated that he was replacing a concrete roof on his garage and putting a deck on top of the roof. The variance would be for a railing on the deck. He will also redo the walkway. 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. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. T. McEvily have submitted an application to the Building Inspector, together with plans, for the proposed construction of a deck over a garage roof on the premises located at 24 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 146; 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 89-34 B(2)(b) and 89-57; and WHEREAS, Mr. and Mrs. McEvily 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 minor variance of 4". 2. The present condition of the walkway is unsafe. 3. The applicant believes that the variance will permit the best construction of the garage roof and avoid the need for early repair or reconstruction. February 28, 1990 -19- 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; and 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 Sections 89-32 B(2)(a) , 89-34 B(2)(b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a deck over a garage roof on the premises located at 24 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 146 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 CODE CHANGES Mr. Negrin asked the Board to focus on the proposed changes to the Code so that they could be discussed at the next meeting. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 11:15 PM. Bonnie M. Burdick