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HomeMy WebLinkAbout1998_01_21 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JANUARY 21, 1998, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman Jillian A. Martin Arthur Wexler Absent: Patrick B. Kelleher J. Rene Simon Also Present: Robert S. Davis, Counsel Ronald A. Carpaneto, Director of Building Susan Sturino, Public Stenographer Terranova, Kazazes & Associates, Ltd. 49 Eighth Street New Rochelle, New York 10801 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 8:00 p.m. Mr. Gunther apologized for his late arrival, and informed the Board that the Executive Session and previous Board Minutes will be discussed at the end of the meeting. The Secretary read the application as follows: APPLICATION NO. 1 - CASE 2298 Application of Leonard & Susanne Shabasson requesting a variance to construct a family room from an existing screened porch. The proposed family room would have a side yard of 6.6 ft. where 10.0 ft. is required pursuant to Section 240-36B(2)(a). The total side yards would be 16.8 ft. where 30.0 ft. if required pursuant to Section 240-36B(2)(b); and further, the enclosure of the porch would increase the extent by which the building is non-conforming pursuant to Section 240-69 for a residence in an R-15 Zone District on the premises located at 124 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 275. Mr. &Mrs. Shabasson, of 124 Carleon Avenue, Larchmont, NY appeared. Mr. Gunther asked if Mr. Shabasson would describe what he is planning to do. Mr. Shabasson said there is an existing porch which is 6.6 ft. from the side yard line on a house, built before the zoning code went into effect in 1936, with a slate roof, stone floor,various posts and screening. Mr. Shabasson proposes to enclose the porch and make it into a room in the house, heated, insulated to be used as a family room, approximately 9 ft.by 20 ft. The door will be in the back where currently there is an existing door, and there will be windows in the front and along the side. There will be no change in the footprint. A discussion ensued regarding the height of the roof. Zoning Board January 21, 1998 Page 2 Aldo DiVitto, the architect, submitted and reviewed pictures and a floor plan with the Board. Mr. Martin asked if there is access to the yard from the back and through the house. Mr. Shabasson said there is access to the yard from the back and through the house. Mr. DiVitto said the access would be through the existing living room into the family room. Mr. Davis said that it is not Mr. Shabasson's intention to build a second floor at this time. If a variance is granted for the proposed application, it would not authorize construction of a second floor, another variance would be necessary. Mr. Shabasson said that he understood this, and that it is not his intention to build a second floor. Mr. Gunther asked if there were any other questions from the Board members. Mr. Wexler asked if the siding will match the existing siding. Mr. Shabasson said the siding will match the existing siding. Mr. Gunther read into the record two letters received from neighbors in regard to this matter, one from Bryan J. and Christine Fay, dated January 21, 1998, and the other from Donald D. Geary, dated January 20, 1998, which are a part of the file. Mr. Wexler asked if the applicant intends to keep the posts and fill in the void space with windows. Mr. DiVitto said not necessarily. Depending on the condition of the posts, the posts will probably be replaced with 2 x 6's. A discussion ensued regarding keeping the character of the house colonial,which Mrs. Shabasson said will be done. Mr. Gunther asked if there were any other questions from the Board members. Ms. Martin asked that the stone wall referred to in one of the letters received from the neighbors be addressed. Mr. Shabasson said he spoke to the neighbor that raised that question, explained the proposed work, showed the neighbor the plans, at which time the neighbor said the proposed work posed no problem. A discussion ensued regarding the wall at the edge of the property setback 6 ft., and the fact that the property drops down to the neighboring property. The letter writer's interpretation suggests new construction was being proposed rather than the fact that it is an existing structure that has a foundation, floor, supports and a roof. The applicant is only proposing to fill in the space where the screens are located. Mr. Wexler asked if the screened-in porch is a step down from the living room or level. Mr. Shabasson said there is a slight step down, a sill, no step, the same level. Mr. Gunther said there are no questions from the public, because no one else is present. On motion of Mr. Gunther, seconded by Mr. Wexler, the following resolution was proposed and ADOPTED unanimously, 3-0. Zoning Board January 21, 1998 Page 3 RESOLVED, that this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR §617 et seq. Accordingly, no further action under SEQRA is required. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was ADOPTED: WHEREAS, Leonard & Susanne Shabasson have submitted an application to the Building Inspector, together with plans to construct a family room from an existing screened porch. The proposed family room would have a side yard of 6.6 ft. where 10.0 ft. is required pursuant to Section 240-36B(2)(a). The total side yards would be 16.8 ft. where 30.0 ft. is required pursuant to Section 240-36B(2)(b); and further, the enclosure of the porch would increase the extent by which the building is non-conforming pursuant to Section 240-69 for a residence in an R-15 Zone District on the premises located at 124 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 275; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 240-36B(2)(a), Section 240-36B(2)(b), Section 240-69; and WHEREAS, Leonard&Susanne Shabasson submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; and WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as required by New York State Town Law §267-b: 1. The Board finds that the benefit to the applicant outweighs any detriment to the health, safety and welfare of the neighborhood if the variance sought is granted. In reaching this conclusion, the Board considered the following factors: A. No undesirable change will be produced in the character of the neighborhood or a detriment to adjacent property owners, due to the fact that the structure is preexisting,built when the house was constructed, has the same materials on the roof and blends in nicely; B. The applicant cannot achieve their goals in any other manner than presented since the structure is already constructed and built, and this would be the least protrusive alternative to resolve their desire; C. The variance as requested is not substantial, as the structure is preexisting and has already been constructed; D. The variance will not have an adverse impact on the physical or environmental conditions in the district or neighborhood, as the survey presented indicates the porch existed since August of 1936; E. This is not a self-created difficulty; F. The Board notes that the variance authorizes only the enclosure of a porch to create a family room and does not authorize any other construction within the required side yard setback. Any other such construction, including a second story above the proposed family room, would require an additional variance. • Zoning Board January 21, 1998 Page 4 0 G. The granting of this variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. H. The variance is the minimum necessary to alleviate the difficulty detailed in the application yet also preserves and protects the character of the neighborhood and the health, safety and welfare of the community. I. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. The applicant shall obtain a building permit within (6) months of the filing of this Resolution. 2. The building permit shall be void if construction is not started within six(6) months and completed within two (2) years of the date of said permit. 3. Construction shall be in substantial compliance with the plans submitted in connection sum► with this application. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. Mr. Gunther informed the applicant to see the Building Department during regular business hours for a building permit. A general discussion ensued regarding maximum stud spacing. APPROVAL OF MINUTES On a motion made by Mr. Gunther, seconded by Ms. Martin, the Minutes of the December 16, 1998 meeting were unanimously approved, 3-0. NEXT MEETING The next meeting of this Board will be held on February 12, 1998. ADJOURNMENT On a motion made and seconded, the public session of the meeting was adjourned at 8:25 p.m., at which time the Executive Session convened. EXECUTIVE SESSION - Pending Litigation al Margue 'te Roma, Recording Secretary