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HomeMy WebLinkAbout1990_01_24 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JANUARY 24, 1990, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther J. Rene Simon Arthur Wexler Absent: Patrick B. Kelleher Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Danielle Leo, 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 8:22 PM. Mr. Negrin explained that in Mr. Kelleher's absence a majority of three votes was required for action. He stated that any of the applicants could adjourn their applications. APPROVAL OF MINUTES Since Mr. Gunther had not received his minutes in a timely fashion, the approval of minutes was put over until the next meeting. Mr. Hoffman asked the Board to check the language in the Hi-Tech resolution carefully. APPLICATION NO. 1 - CASE 952 The Recording Secretary read the application as follows: Application of Mr. and Mrs. W. Krapin requesting a variance from Section 89-33 B(3) to reduce the rear yard from 25.0 feet required to 18.0 feet, in an R-10 Zone District, to retain a rear deck on the premises located at 775 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 25. Paul W. Meyer, Jr. , attorney, appeared with Mrs. Krapin. He stated that the deck was in place when the Krapins purchased the house. The contractor that they hired to renovate it did not obtain the proper permits. The Planning Board had granted the Krapins a Freshwater Wetlands and Water Courses permit pending the filing of a survey showing topographical information. January 24, 1990 -2- On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. William Krapin have submitted an application to the Building Inspector, together with plans, to retain a deck on the premises located at 775 Forest Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 210 Parcel 25; 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 89-33 B(3) ; and WHEREAS, Mr. and Mrs. Krapin 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 in existence prior to the applicants purchase of the house. 2. The work done was in the nature of repair. 3. The property has a severe topographic feature. A deck is the only feasible use of the yard. 4. It would be a financial hardship to remove the deck. 5. The deck does not interfere with the enjoyment of their property by adjacent property owners because of the severe grade. 6. The deck is not obtrusive to neighbors on either side. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. January 24, 1990 -3- 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; and 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 89-33 B(3) of the Zoning Ordinance be varied and modified so as to allow the retention of a deck on the premises located at 775 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 25 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. 2 - CASE 953 The Recording Secretary read the application as follows: Application of Mr. and Mrs. D. Burrell requesting variances from Section 89-35 B(1) to reduce the front yard from 30.0 feet required to 15.26 feet and Section 89-35 (2)(b) to reduce the total side yard from 18.0 feet required to 17.11 feet for the proposed construction of a side addition which will increase the extent by which the existing structure fails to conform pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 2 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 643. Howard Raabe, architect, appeared on behalf of the applicant. He stated that the Burrells were a young family with one child seeking to build a family room with a breakfast area and to move the driveway. Mr. Raabe stated that the front addition will not increase the front setback. No trees will be removed, and the driveway will always be at least five feet from the lot line. January 24, 1990 -4- 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 unanimously adopted: WHEREAS, Mr. and Mrs. Doug Burrell have submitted an application to the Building Inspector, together with plans, for a side addition on the premises located at 2 Senate Place and known on the Tax Assessment Map of the Town of Mamroneck as Block 112 Parcel 643 ; 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(1), 89-35 (2)(b) and 89-57; and WHEREAS, Mr. and Mrs. Burrell 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 lot appears to be non-confirming. 2. The first floor area will more closely conform with the floor area requirements in an R-6 District. 3. The addition is no closer to the front yard than the house is now. 4. The proposed addition appears to be in the only place where the house could be expanded and to be the least obtrusive alternative. 5. After the addition the side yard will still meet the side yard requirement. January 24, 1990 -5- 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; and 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 89-35 B(1) , 89-35(2)(b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a side addition on the premises located at 2 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 643 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: A. The applicant shall make every effort to save the existing trees. B. This approval is for only one story. 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. 3 - CASE 954 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Robert Sickles requesting a variance for Section 89-33 B(2)(a) to reduce the side yard from 10.0 feet required to 6.0 feet for the proposed construction of a rear addition 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 50 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 695. January 24, 1990 -6- Joel Reilly, architect, appeared on behalf of the application. The Sickles wish to enlarge their kitchen and are adding less than 12 square feet - a small percentage of the total area. The stairs to the basement are being relocated, and the windows are being placed at an angle so that they do not face the neighboring house's many windows on that side. 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. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Robert Sickles have submitted an application to the Building Inspector, together with plans to construct a rear addition on the premises located at 50 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 695; 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. Sickles 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 lot is very irregularly shaped with a grade. 2. The non-conforming part of the addition is approximately 12 square feet. January 24, 1990 -7- 3. The design includes a sensitive treatment for the wall facing the neighboring house, which has a number of windows facing this house. 4. It was not permissible to build in the space within five feet of the garage. 5. The addition is in character with the surrounding area. 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; and 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 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear addition on the premises located at 50 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 695 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 addition shall be one story only. 2. The overhang on the addition shall not be greater than the existing overhang. 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. ***** January 24, 1990 -8- APPLICATION NO. 4 - CASE 955 The Recording Secretary read the application as follows: Application of Robert E. Bridges requesting a variance from Section 14-48 A-1 to reduce the side yard for the proposed construction of a spa, considered a pool under this Building Code, from 15.0 feet required to 6.0 feet, in an R-5- Zone District, on the premises located at 211 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Parcel 77. Mr. Bridges appeared on behalf of his application. He stated that he wanted to build a hot tub within an existing greenhouse structure. It is near the lot line but 65 feet to the nearest neighbor because there is a reserve between the houses for the use of everyone on Hommocks Road. A variance is necessary because the spa-tub is deep enough to be considered a pool under the Town Building and Zoning Codes. Mr. Bridges wants to heat the tub using a gas line run from the garage. 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, Robert E. Bridges has submitted an application to the Building Inspector, together with plans, on the premises located at 211 Hommocks Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 417 Parcel 77; 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. Bridges 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 January 24, 1990 -9- 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 spa is to be installed in an existing structure elevated 15 feet above the land on the other side of the reserve, and the spa does not have an impact on said lot. 2. The structure is more than 100 feet from Long Island Sound. 3. The site is an irregularly shaped lot. 4. A variance is necessary because the depth of the spa-tub is enough to be considered a pool under the Town Building and Zoning Codes. 5. The side lot line is adjacent to a parcel of land reserved for pedestrian ingress and egress to Long Island Sound. 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; and 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 Section 14-48 A-1 of the Zoning Ordinance be varied and modified so as to allow the construction of a spa, considered a pool, on the premises located at 211 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Parcel 77 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. ***** January 24, 1990 -10- APPLICATION NO. 5 - CASE 956 The Recording Secretary read the application as follows: Application of Ms. P. Konvalinka requesting a variance from Section 89-33 B(2)(a) to reduce the side yard from 10.0 feet required to 4.3 feet to retain a two-level rear deck which increases the extent by which the structure fails to conform pursuant to Section 89-57, in a Residence R-10 Zone District, 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. Mark Mustacato, architect, represented the applicant. He stated that Mrs. Konvalinka bought the house (including the deck) about 23 years ago. About 10 years the deck had been rebuilt and extended one foot deeper but no closer to the side yard lot line. Mr. Mustacato stated that it would be difficult to remove the deck. Said deck is 3'6" high. Mr. Negrin noted that on the encroaching side of the deck considerable shrubbery separates this yard and that of the neighbors. The neighbor has placed garbage pails on the other side of the shrubs. Valerie Martin of 1 East Brookside Drive appeared in opposition. She stated that she has been a neighbor for 12 years. When people sit on her patio, they are overlooked by people on Mrs. Konvalinka's deck. Mrs. Martin said that just because the deck has existed for so long it does not mean that it is right. The Board discussed several alternatives, such as moving the railing or allowing the use of the deck only for the life of this deck. However, the members wanted to view the deck from Mrs. Martin's property. On motion of Mr. Wexler, seconded by Mr. Gunther, the Board unanimously decided to adjourn the matter. Mrs. Konvalinka agreed to the adjournment. ADJOURNMENT A brief adjournment was declared at 10:05. The meeting was re-opened at 10:10. APPLICATION NO. 6 - CASE 957 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Katz requesting variances for the proposed construction of a pool with deck and also to retain a rear addition The pool as proposed would have a side yard of 9.0 feet from the edge of the pool deck and a yard of 5.0 feet from the principal structure to the pool deck where 15.0 feet is required pursuant to Section 14-48 A(1) and the pool deck would have a rear yard of 5.0 feet where 20.0 feet is required pursuant to Section 14-48 A(2) . The rear addition as exists has a rear yard of 37.2 feet where 40.0 feet is required pursuant to Section 89-31 B(3) and has resulted in an increase in the extent by which the building fails to conform pursuant to Section 89-57, in an R-20 Zone District, on the premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1448. January 24, 1990 -11- Mr. and Mrs. Sheldon Katz appeared on behalf of the application. Mrs. Katz presented renderings of the pool. She stated that, because of rock, construction would only go down 2i feet. The pool would be completely shrubbed, and the lights would shine only on the pool itself. It is proposed that the pool be sited on a diagonal to the side lot lines in order to follow the rear lot line. . Mr. Jakubowski explained that a variance had been granted for the solarium about 15 years ago. The terms and conditions have now expired. Mr. Jakubowski stated that the plans are fine now. Discussion resumed about the pool. Mr. Wexler pointed out that an alley was being created between the pool and the house. Mr. Negrin stated that building the pool closer to the house would have less of an impact on the neighbors and that he would prefer to see plans that were less intrusive to the neighbors. The members also requested an engineer's report from the applicant as the drainage system was not shown on the plans submitted. Mr. Wexler noted that the pool would be 1500 square feet in dimension. Mrs. Romer of 3 Wagon Wheel Road objected to the increase in runoff of the surface water which would result. There has always been a problem, and with less permeable surface, she felt a depression in the land could occur. John and Mary Jane Helmrich of 7 Wagon Wheel Road objected to a pool as a danger for their three young sons, because of the drainage problems and as an intrusion on their privacy. Mr. Katz stated that he would install a child-proof fence. Mr. Simon requested photos of the rear yard. Mr. Gunther stated that he had a real concern about the encroachment of the pool on the neighbors' yards and relative to the size of the applicants' lot. On motion of Mr. Gunther, seconded by Mr. Wexler, and with agreement of Mr. and Mrs. Katz, the decision on the pool was unanimously adjourned to the next meeting. Mr. Negrin requested a response to the questions about drainage, intrusion on the neighbors, and the size of the pool and deck. He also requested photos of the rear yard and more complete drawings. The Board returned to the issue of the solarium. 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. January 24, 1990 -12- On motion of Mr. Simon, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Sheldon Katz have submitted an application to the Building Inspector, together with plans, to retain a rear addition on the premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 333 Parcel 1448; 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 89-57; and WHEREAS, Mr. and Mrs. Katz 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 construction renovated an existing room. Only repairs were done with no increase in the density. 2. The room is in line with the rest of the rear wall of the house. 3. Removing the room would create a hardship. 4. The encroachment amounts to only 25 square feet. 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 January 24, 1990 -13- 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 retention of a rear addition on the premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1448 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 NO. 958 The Recording Secretary read the application as follows: Application of Mr. and Mrs. G. Musilli requesting a variance from Section 89-67 B to retain unenclosed paved areas for off-street parking. The paved areas are developed 2.0 feet from the easterly property line and 0.6 feet from the northerly property line where 5.0 feet is required, 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 the application. He stated that after building his house he discovered that he had could not fit his car into his garage. Mr. Jakubowski stated that on the adjacent area on the lot next door - Lot 24 - no structures could be built as the area is designated for drainage. On motion of Mr. Wexler, seconded by Mr. Gunther, the Board 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. January 24, 1990 -14- On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. G. Musilli have submitted an application to the Building Inspector, together with plans, to retain unenclosed paved areas for off-street parking on the premises located at 8 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamroneck 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 89-67 B; 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 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. Access and egress from the garage is not possible without a variance. 2. The lot is irregularly shaped, and is only 25' wide at the street. 3. The paving as finished confirms with the Building Permit which was issued. 4. The northerly lot line faces an area where building is prohibited. 5. On the easterly side a paved area would be inobtrusive as it would be adjacent to a long driveway. 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; and 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 January 24, 1990 -15- FURTHER RESOLVED, that a variance is hereby granted and that Section 89-67B of the Zoning Ordinance be varied and modified so as to allow the retention of an unenclosed paved area for off-street parking 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. 8 - CASE NO. 959 The Recording Secretary read the application as follows: Application of Constance Friend Fergenson requesting a variance from Section 89-32 B(2)(a) to reduce the side yard from 10.0 feet required to 5.0 feet to retain an enclosed side porch, and further the existing structure increases 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 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 231. Harold Raabe, architect, appeared on behalf of the application. He stated that a porch had been in existence for 60 years and was enclosed, without a Certificate of Occupancy, about 30 years ago. A variance is necessary to complete the sale of the house. The new proposal (which is a very small change) requires the Board to review the entire, large, existing nonconformity. 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. January 24, 1990 -16- On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Constance Friend Fergenson has submitted an application to the Building Inspector, together with plans, to retain an enclosed porch on the premises located at 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamroneck as Block 405 Parcel 231 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(2)(a) and 89-57; and WHEREAS, Ms. Fergenson 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. Removing the structure would cause a financial hardship. 2. The existing porch has been there since 1931. 3. Enclosing the porch does not cause any more of an encroachment. 4. The porch is consistent architecturally. 5. There is a substantial distance between the porch and the nearest neighbor. The porch is next to a driveway and garage. 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; and January 24, 1990 -17- 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 89-32 B (2)(a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of an enclosed side porch on the premises located at 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 231 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 ***** ZONING CODE CHANGES The Board discussed proposed changes to the Zoning Code which would eliminate some minor variances from the purview of this Board and transfer them to the Building Inspector. ADJOURNMENT The meeting was adjourned at 12:35 AM. glOPPILLitis‘310.0444 Bonnie M. Burdick