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HomeMy WebLinkAbout1994_01_25 Zoning Board of Appeals Minutes 1,i MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JANUARY 25, 1994, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORKNplik Present: Thomas E. Gunther, Chairman ''� � ��` VED Patrick E. Kelleher L6 1994 Nina Recio 9 PAtC1A A-Cif i0CC10 Arthur Wexler T®Wh!Cl`ttK MAMARONECK e5 Absent: J. Rend Simon Also Present: John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector Lisa Hobbie, 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 Gunther at 7:34 PM. APPLICATION NO. 1 - CASE 2090 The Secretary read the application as follows. Application of Martin and Ada Korn requesting a variance from Section 89-67 B to convert existing garage space to cellar space with unenclosed off-street parking facility 0.0 ft. from a side lot line where a minimum of 5.0 ft. is required and from Section 89-57 to increase the extent by which the building fails to meet such area requirements for a residence in an R-6 Zone District on the premises located at 88 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 855. Mr. and Mrs. Korn appeared. They stated that an addition made to their house before they purchased it had made the garage unusable as they could not turn their car into it. The Korns also wanted to landscape their back yard to prevent flooding. After review, on motion of Mr. Wexler, seconded by Ms. Recio, the following resolutions were proposed and adopted unanimously, by a vote of 4 - 0. 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 Zoning Board of Appeals January 25, 1994 -2- 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 Ms. Recio, the following resolutions were ADOPTED unanimously, by a vote of 4 - 0. WHEREAS, Martin and Ada Korn have submitted an application to the Building Inspector, together with plans to convert an existing garage into cellar space on the premises located at 88 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 855; 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 89-67B and 89-57; and WHEREAS, Mr. and Mrs. Korn submitted an application for variances 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; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. Letters submitted by two closely impacted neighbors confirm that there does not appear to be any apparent detriment to the community. 2. The action at the site will not change the situation. 3. The condition is not self-created. It existed when the applicants bought the house in 1988. 4. The granting of these variances 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 variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Zoning Board of Appeals January 25, 1994 -3- 6. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Martin and Ada Korn for variances from Sections 89-67 B and 89-57 to convert a garage into storage space with unenclosed off-street parking 0.0 feet from the lot line located at 88 West Garden Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 855 be and the same is granted, subject to the following conditions. 1. 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. 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. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. AAAAA APPLICATION NO. 2 - CASE 2091 The Secretary read the application as follows. Application of Cynthia and Alain Hyman requesting a variance from Section 89-39 B(1) to construct a one-story addition with a front yard of 34.0 ft. where 40.0 ft. is required and from Section 89-57 to increase the extent by which the building fails to meet such area requirements for a residence in an R-20 Zone District on the premises located at 14 Split Tree Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 303 Lot 240. Mr. and Mrs. Hyman appeared with their architect, Kenneth Nadler. They stated that their house is not parallel to the street and that it is their intention to balance the house by making the addition symmetrical with the other end of the house. They were aware that they could have built into the side yard without a variance but felt that this solution was much more esthetically pleasing. The Hymans submitted favorable letters from their neighbors, and George Lord of 16 Split Tree Road appeared and stated that he had not objection to the addition which he felt would impact him more than any other neighbor. After review, on motion of Ms. Recio, seconded by Mr. Gunther, the following resolutions were proposed and adopted unanimously, by a vote of 4 - 0. Zoning Board of Appeals January 25, 1994 -4- 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 resolution was adopted unanimously, by a vote of 4 - 0. WHEREAS, Cynthia and Alain Hyman have submitted an application to the Building Inspector, together with plans to construct a one-story addition on the premises located at 14 Split Tree Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 303 Lot 240; 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 89-39 B(1) and 89-57; and WHEREAS, Mr. and Mrs. Hyman submitted an application for variances 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; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. Letters submitted by neighbors confirm that there does not appear to be any apparent detriment to the community. 2. The granting of these variances are 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. 3. The variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 4. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variances granted by this Board will enable such reasonable use. • Zoning Board of Appeals January 25, 1994 -5- NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Cynthia and Alain Hyman for variances from Sections 89-39 B(1) and 89-57 for a front yard of 34.0 feet located at 14 Split Tree Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 303 Lot 240 be and the same is granted, subject to the following conditions. 1. 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. 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. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 3 - CASE 2092 The Secretary read the application as follows. Application of Donald and Therese Giacomo requesting variances from Section 89-44 D to construct a 5.0 foot fence where 4.0 feet is the maximum permitted and from Section 89-67 B to construct an off-street parking facility 0.0 ft. from the front lot line where 25.0 ft. is required and 2.5 ft. from the side lot line where 5.0 ft. is required for a residence in an R-7.5 Zone District on the premises located at 224 Rockingstone Avenue and known on the Tax Assessment Map as Block 115 Lot 315. Mr. and Mrs. Giacomo appeared. They stated that because of the unique nature of their property, they were seeking to construct fencing to provide privacy. The Board members felt that the full extent requested was excessive and, near the driveway, would cause a hazard backing out a car. After review, on motion of Mr. Wexler, seconded by Ms. Recio, the following resolutions were proposed and adopted unanimously, by a vote of 4 - 0. 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. Zoning Board of Appeals January 25, 1994 -6- On motion of Mr. Wexler, seconded by Mr. Keller, the following resolution was ADOPTED by a vote of 3 - 1, Ms. Recio opposed. WHEREAS, Donald and Therese Giacomo have submitted an application to the Building Inspector, together with plans, to construct a 5 foot high fence and an off-street parking facility on the premises located at 224 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Lot 315; 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 89-44 D and 89-67 B; and WHEREAS, Mr. and Mrs. Giacomo submitted an application for variances 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; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs ® any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. The property is irregularly shaped. 2. The house is burdened by two front yards. 3. The fence will afford the applicants an are of privacy to enjoy their property which is exposed on nearly every side to its neighbors. 4. The variances granted are the minimum to alleviate the practical difficulty detailed in the application. 5. The variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 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 variances granted by this Board will accomplish this purpose; and it is NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Donald and Therese Giacomo for variances from Sections 89-44 D and 89-67 B to construct a five-foot high fence and an unenclosed off-street parking 0.0 feet Zoning Board of Appeals January 25, 1994 -7- from the lot line located at 224 Rockingstone Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Lot 315 be and the same is granted, subject to the following conditions. 1. The applicants shall construct the five-foot fence only on the property line South 86° 26' 18" East to the intersection of the property line South 24° 3' 19" East and as shown on the plans for the front yard at the entrance of the house to the garage and for the 5-feet high, 4-feet wide gate. 2. The applicants 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. 3. 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. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. AAAAA APPLICATION NO. 4 - CASE 2093 The Secretary read the application as follows. Application of Robert and Leigh Garry for variances from Section 89-32 B(2)(a) to construct a second-story addition with a side yard of 5.9 ft. where 10.0 ft. is required; from 89-44 for 2 bay windows totalling 71% of the wall length where 25% is the maximum allowed and with a 4.0 ft. side lot line. Further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-15 Zone District located on 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 231. Mrs. Garry appeared with her architect, Ned Stoll. He stated that the applicants had been away and had not realized that their neighbors were opposed to the application. Therefore, an adjournment to February was requested and granted. NEXT MEETING Because of the February school vacation, the Board decided to next meet Wednesday, March 3, 1994. APPLICATION NO. 5 - CASE 2094 The Secretary read the application as follows. Application of Frank J. Montressor requesting a variance from Section 89-33 B 1 to maintain a deck with a 24.4 ft. front yard on Brookside Place Zoning Board of Appeals January 25, 1994 -8- where 30.0 ft. is required. Further, the addition increased the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 484 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 279. Mr. Montressor appeared. He stated that he and his wife had built the deck not realizing that a Building Permit was necessary and were now attempting to rectify their mistake. After review, on motion of Mr. Gunther, seconded by Ms. Recio, the following resolutions were proposed and adopted unanimously, by a vote of 4 - 0. 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; 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 Ms. Recio, the following resolution was ADOPTED unanimously, by a vote of 4 - 0. WHEREAS, Frank J. Montressor has submitted an application to the Building Inspector, together with plans to maintain an existing deck on the premises located at 484 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 279; 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(1) and 89-57; and WHEREAS, Mr. Montressor submitted an application for variances 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; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. Favorable letters were submitted by the neighbors which confirm that there does not appear to be any apparent detriment to the community. 2. The deck was built and has been used since 1978. Zoning Board of Appeals January 25, 1994 -9- 3. The applicant's property cannot be fully used because it is subject to frequent flooding and drainage problems. 4. That part of the deck which does not conform is very slight. 5. The property backs up onto an open, conservation area. 6. The granting of these variances 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 variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 8. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Frank J. Montressor for variances from Sections 89-33 B(1) and 89-57 for a deck with z front yard of 24.4 feet on the premises located at 484 Weaver Street, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 279 be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 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. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPROVAL OF MINUTES On motion of Ms. Recio, seconded by Mr. Kelleher, the minutes of December 15, 1993 were unanimously approved. ADJOURNMENT On motion of Mr. Wexler, seconded by Ms. Recio, the meeting was adjourned at 8:50 PM. Bonnie M. Burdick