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HomeMy WebLinkAbout1992_01_27 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JANUARY 27, 1992, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther R J. Rene Simon FHB ����,D Arthur Wexler Pq Tooraftc0 Absent: Patrick E. Kelleher df44/ARO ERK N.r.NfcK Also Present: Nancy Rudolph, Counsel William Jakubowski, Building Inspector Amy Tocci, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:21 PM. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes of November 22, 1992 were unanimously approved. On motion of Mr. Gunther, seconded by Mr. Wexler, the minutes of December 23, 1992 were unanimously approved. APPLICATION NO. 1 - CASE 2035 Application of Rabbi and Mrs. Landman, 15 Lookout Circle, adjourned from December 23, 1992. This matter had been decided by consensus last month. On December 23, 1992 after review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was proposed and adopted 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; 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 27, 1993 -2- On January 27, 1993 on motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, Rabbi and Mrs. Landman have submitted an application to the Building Inspector, together with plans to construct an addition on the premises located at 15 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Lot 14; 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(3) and 89-57; and WHEREAS, Rabbi and Mrs. Landman 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 variance sought is granted and also finds as follows: 1. The extension is to the garage and is the minimum to allow the storage of two compact cars. 2. The garage extension provides the house, which was built in 1924, with a usable garage for today's standards of a two-car family. 3. The extension of the driveway is the minimum necessary to permit room for the cars to turn around in the driveway. 4. The garage is below grade, and the encroachment will not be visible from the street. 5. The garage extension replaces a paved area with a paved area. 6. It is more esthetically pleasing to have both cars garaged than to leave one parked in a driveway. 7. 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. Zoning Board of Appeals January 27, 1993 -3- 8. The variance is the minimum 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. 9. 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Rabbi and Mrs. Landman for a variance from Sections 89-34 B(3) and 89-57 to construct an extension with a rear yard of 14.0 feet on the premises located at 15 Lookout Circle, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Lot 14 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. APPLICATION NO. 2 - CASE 2038 The Secretary read the application as follows. Application of Jerome Wolf requesting a variance from Sections 89-31 B (3) and 89-67(B) to maintain rear decks with a rear yard of 27.2 ft. where 40.0 ft. is required and a driveway 1.0 ft. from the side line where 5.0 ft. is required for a residence in an R-20 Zone District on the premises located at 4 Magnetti Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Lot 204.2. Wallace Berger, architect appeared. He stated that the porch in question is 10 inches off the grade and that the whole rear yard is adjacent to Winged Foot Golf Club. On December 23, 1992, after review, on motion of Mr. Gunther, seconded by Mr. Wexler, the following resolution was proposed and adopted 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; Zoning Board of Appeals January 27, 1993 -4- 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 8 EQRA. On January 27, 1993, on motion of Mr. Negrin, seconded by Mr. Gunther, the following resolutions were adopted unanimously. WHEREAS, Jerome Wolf has submitted an application to the Building Inspector, together with plans, to maintain rear decks and a driveway on the premises located at 4 Magnetti Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Lot 204.2; 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 89-67 B; and WHEREAS, Mr. Wolf 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 variance sought is granted and also finds as follows: 1. The rear yard of the property is adjacent to Winged Foot Golf Club. 2. The driveway is adjacent to another driveway, and the adjacent lot owner has endorsed the proposal. 3. The decks were built in four sections with only one section, 16 feet in length, intruding into the setback area. The other three sections are beyond the required 40 feet from the rear lot line. 4. The decks, which were constructed by a previous owner, would be a financial hardship to remove. 5. The subject deck is only 10 inches above grade. 6. 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. 7. The variance is the minimum 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. Zoning Board of Appeals January 27, 1993 -5- 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Jerome Wolf for a variance from Sections 89-31 B(3) and 89-67 (B) to maintain rear decks with a 27.2 ft. rear yard and a driveway with a 1.0 side yard on the premises located at 4 Magnetti Circle, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Lot 204.2 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. APPLICATION NO. 3 - CASE 2040 Application of William T. Mashler, 4 Woody Lane, adjourned from December 23, 1992. This matter had been thoroughly discussed at the previous meeting. On December 23, 1992 after review, on motion of Mr. Gunther, seconded by Mr. Wexler, the following resolution was proposed and adopted 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; 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 January 27, 1993 on motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, William T. Mashler has submitted an application to the Building Inspector, together with plans to maintain two patios on the premises located at 4 Woody Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 227 Lot 138; and Zoning Board of Appeals January 27, 1993 -6- 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 A and 89-57; and WHEREAS, Mr. Mashler 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 variance sought is granted and also finds as follows: 1. The lot is irregularly shaped. 2. The topography is difficult. 3. While one patio has a 0.0 setback, it is low and has been tastefully constructed of natural materials. 4. Removing the patios would cause a financial hardship and would be detrimental to the property. 5. The patios are not intrusive to the neighbors. Water runoff would not go to the neighbors' properties. 6. 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. 7. The variance is the minimum 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. 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by William T. Mashler for a variance from Sections 89-44 A and 89-57 to construct two patios with side lot line of 0.0 ft. and 3.9 ft. respectively on the premises located at 4 Woody Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 227 Lot 138 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. Zoning Board of Appeals January 27, 1993 -7- 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. 4 - CASE 2042 Application of Eric and Fran Rosenfeld, 217 Hommocks Road, adjourned from December 23, 1992. Mr. Negrin stated that the CZMC had requested that the homeowner not drain the pool into the storm sewer and that he use soil erosion control measures. Mr. Jakubowski stated that pools are never drained into storm sewers and that the new law passed November 2, 1992 will control erosion. After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was proposed and adopted 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; 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 unanimously. WHEREAS, Eric and Fran Rosenfeld have submitted an application to the Building Inspector, together with plans to construct an indoor pool and mechanical room on the premises located at 217 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 1; 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 89-30 B(2) and 89-57; and WHEREAS, Mr. and Mrs. Rosenfeld 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; Zoning Board of Appeals January 27, 1993 -8- 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 variance sought is granted and also finds as follows: 1. The lot is irregularly shaped. 2. The variance is minimal in nature compared to the size of the structure. That part of the construction requiring a variance is approximately 10% of the proposed structure. 3. The proposed structure is tastefully designed. 4. This side yard is the only location for an addition because of ledge rock and the septic field in the rear yard and because of the design of the house. 5. It has been presented to this Board that the neighbors do not object to the construction. 6. The applicants' plans were submitted to the Coastal Zone Management Commission for comment and review. The CZMC had no objections to the plans, and its comments shall be incorporated into these findings. 7. The Board has addressed with the applicants alternatives to the proposal and has determined that none are preferable. 8. 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. 9. The variance is the minimum 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. 10. 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Eric and Fran Rosenfeld for a variance from Sections 89-30 B(2) and 89-57 to construct an indoor pool and mechanical room with a 23.30 ft. side yard on the premises located at 217 Hommocks Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 1 be and the same is granted, subject to the following conditions. Zoning Board of Appeals January 27, 1993 -9- 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. APPLICATION NO. 5 - CASE 2043 Application of Metropolis Westchester Lanes Inc. , 2444 Boston Post Road, adjourned from December 23, 1992. Andrew Fredman, architect, and Howard Hornstein, attorney, appeared. Mr. Fredman stated that the application had been heard by the BAR and the CZMC. Mr. Wassman of the BAR had indicated its recommendations. The applicant agreed to remove some of the parking spaces to add trees and to move the loading spaces around to the front of the proposed stores. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were adopted unanimously. WHEREAS, Metropolis Westchester Lanes Inc. has submitted an application to the Building Inspector, together with plans, to construct five (5) retail stores on the premises located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 137; and WHEREAS, the Building Inspector has declined to issued such permit on the grounds that the plans submitted fail to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-3, 89-70 A and 14-33 D; and WHEREAS, Metropolis Westchester Lanes has 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 variance sought is granted and also finds as follows: 1. The overall design is attractive and may inspire other development in an area of the Town which needs revitalization and renewal. Zoning Board of Appeals January 27, 1993 -10- VARIANCES REQUESTED WITH RESPECT TO SIGNS 2. Three (3) standing signs are proposed, but one of the standing signs is attached to the building. 3. The one standing sign which is attached to the building is 70 square feet. If the sign were completely attached to the building without the pylons and more like a wall sign, up to 150 square feet would be permitted. This pylon sign is of better use to the applicant by facing the sign toward the heavy traffic in the commercial area and away from the residential street. 4. The list of two business uses on the curb side standing sign is necessary due to the irregular shaped lot, the topography, the angles and the distance from the street of the two principal tenants, which are in the rear. 5. The signs proposed provide the applicant and the community with a more desirable result and a greater benefit than would signs which comply with the strict requirements of the code. VARIANCES REQUESTED WITH RESPECT TO PARKING 6. The smaller dimensions in the parking spaces affect two spaces by less than one foot in width and 110 spaces by less than 4 feet in length. 7. A substantial amount of the need for this variance arises in response to requests by this Board and the Town Board of Architectural Review's with respect to planting and landscaping to the parking area. The need and desire for planting and landscaping exceeds the benefit of a strict compliance with the 9 feet by 20 feet size parking space requirement. 8. Handicapped spaces are unaffected by the smaller spaces. 9. As a natural consequence to the increase in landscaping, the reduced average parking area space from 350 square feet to the average of 315 square feet to 342 square feet is similarly beneficial. Zoning Board of Appeals January 27, 1993 -11- VARIANCES REQUESTED WITH RESPECT TO LOADING 10. The applicant has agreed to provide three additional parking spaces or areas on the site, designated for loading in addition to the one loading dock already proposed. 11. The only foreseeable place to include additional loading docks would be at the rear of the building, which is only eleven feet in width. An eleven-foot width is insufficient to allow for large vehicle loading and such construction may interfere with the fire access to the rear of the building. 12. To insist on providing nine loading docks on this site would require substantial reconstruction of the building, which is an impractical and unnecessary financial burden. 13. The granting of the variances requested herein is in harmony with the general purposes and interest of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 14. The variances are the minimum to alleviate the difficulty detailed in the application and address the requests of the Town, yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 16. 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 use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Metropolis Westchester Lanes Inc. for variances from Section 89-3, 89-70 A and 14-33D to construct five (5) retail stores with average parking space of 315.0 square feet to 342.0 square feet, with one (1) off-street loading space and three (3) standing signs, one of which will be 288 square feet in area, on the premises located at 2444 Boston Post Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 137 be and the same is GRANTED, subject to the following conditions. 1. The variances granted herein are subject to and conditioned upon a finding by the Planning Board, which is the declared Lead Agency on this application under SEQRA, that there is no significant impact on the environment and further conditioned upon the Planning issuing a negative declaration under SEQRA 2. The applicant shall provide landscaping and plantings along the stretch of forty-five (45) parking spaces at the east end of the site and may reduce by one space the number of spaces at that location. Zoning Board of Appeals January 27, 1993 -12- ® The applicant shall reserve three 3 spaces for loadingin 3. pp ( ) P locations to be determined by the Board of Architectural Review (B.A.R. ). 4. The applicant shall comply with the suggestions of the B.A.R. and Coastal Zone Management regarding planting and lighting. 5. 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. 6. 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. 7. That this decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 6 - CASE 2044 The Secretary read the application as follows. Application of the Estate of L. Tuthill requesting variances from Section 89-34 B(2)(a) and 89-34 B(2)(b) for a Certificate of Occupancy for an existing two-story addition with a side yard of 5' 7" (6.0 ft. required by Ordinance in effect when the permit was issued) where 10.0 ft. is required. 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-7.5 Zone District on the premises located at 11 Spruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Lot 334. Mark Mustacato, architect, and Robert Tuthill appeared. They explained that records in the Assessor's Office indicated that a permit had been obtained in 1938. After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was proposed and adopted 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; 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 27, 1993 -13- On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, the Estate of L. Tuthill has submitted an application to the Building Inspector, together with plans for a Certificate of Occupancy for an existing two-story addition on the premises located at 11 Spruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Lot 334; 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 89-57; and WHEREAS, the Estate of L. Tuthill 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 variance sought is granted and also finds as follows: 1. The property is burdened by an irregularly shaped lot. 2. The addition extends no further into the side yard than the house. 3. The applicants relied upon an earlier building permit to their detriment when the construction was completed. In 1938, the extension would have been less than one foot into the side yard setback for approximately 13 feet. 4. It would present an undue financial hardship for the applicant to remove the addition to make the extension conform to the existing side yard set back, 10 feet, and even then the house would still have non-conforming setbacks. 5. 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. 6. The variance is the minimum 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. 7. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the Zoning Board of Appeals January 27, 1993 -14- 0 land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by the Estate of L. Tuthill for a variance from Sections 89-34 B(2)(a) and 89-57 to obtain a Certificate of Occupancy for a two-story addition with a side yard of 5'7" on the premises located at 11 Spruce Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Lot 334 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. o ADJOURNMENT Mr. Negrin adjourned the meeting at 10:35 PM and reopened it at 10:42 PM. APPLICATION NO 7 - CASE 2045 The Secretary read the application as follows. Application of Mr. and Mrs. W. Knowles requesting a variance from Sections 89-34 B(2)(a) & (b) to construct a two story addition with deck with a side yard of 7. 1 ft. where 10.0 ft. is required and with a total side yard of 20.3 ft. where 25.0 ft. is required and from Section 89-67 to alter a driveway 0.0 ft. from the property line where 5.0 ft. is required. Further, the alteration increases 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 31 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 58. James Miller, architect, appeared with the Knowles. He stated that with a growing family and elderly relatives the family needs more space. After consultation with the neighbors, the plan was reduced, and the driveway request was scuttled. Mr. Miller stated that the proposal is a minimal one and that the house is small compared to others in the neighborhood. Zoning Board of Appeals January 27, 1993 • -15- After review, on motion of Mr. Gunther, seconded by Mr. Simon, the following resolution was proposed and adopted 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; 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 unanimously. WHEREAS, Mr. and Mrs. W. Knowles have submitted an application as amended January 26, 1993 to the Building Inspector, together with plans to construct a two-story addition with deck and to alter a driveway on the premises located at 31 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 58; 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) & (b), 89-67 and 89-57; and WHEREAS, Mr. and Mrs. Knowles 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 variance sought is granted and also finds as follows: 1. The lot is undersized for the zone. 2. The house already extends into the side yard, and the addition is not closer to the side lot line. 3. The extension will not impair the neighbors' access and egress from their garage. 4. 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. 5. The variance is the minimum 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. . Zoning Board of Appeals January 27, 1993 -16- 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. W. Knowles for a variance from Sections 89-34 B(2)(a) & (b), 89-67 and 89-57 to a two-story addition with deck with a side yard of 20.3 ft. and a driveway 0.0 from the property line on the premises located at 31 Ellsworth Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 58 he 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. APPLICATION NO. 8 - CASE 2046 Application of Peter Marcus requesting a variance from Sections 89-35B(2)(a) and 89-35 B(3) to maintain a deck with a side yard of 7'6" where 8.0' is required and a rear yard of 16' 3" where 25.0' is required for a residence in an R-6 Zone District on the premises located at 39 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 534. Howard Lieberman, engineer, appeared with Mrs. Marcus. He explained that the deck had been built by a previous owner and that it was an important amenity to the current owners. The members felt the area was crowded, but that it would be a hardship to correct the encroachment. After review, on motion of Mr. Wexler, seconded by Mr. Simon, the following resolution was proposed and adopted 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; 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 27, 1993 -17- On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, Peter Marcus has submitted an application to the Building Inspector, together with plans to maintain a deck on the premises located at 39 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 534; 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) and 89-35 B(3); and WHEREAS, Mr. Marcus 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 variance sought is granted and also finds as follows: 1 . The deck intrudes no further into the side yard than the house. The side yard is non-conforming as built. 2. The deck was built by the previous owners, and it would be financial hardship to move or modify the deck to conform to the side yard and rear yard setbacks. 3. The rear yard neighbors have not appeared to object. 4. The granting of this variance is in harmony with the general purposes and intent of this Ordinance and will not he injurious to the neighborhood or otherwise detrimental to the public welfare. 5. The variance is the minimum 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. 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Peter Marcus for a variance from Sections 89-35 B(2)(a) and 89-35 B(3) to maintain a deck with a side yard of 7'6" and a rear yard of 16'3" on the premises located at 39 Dante Street, said premises being known and designated on the Tax Zoning Board of Appeals January 27, 1993 -18- Assessment Map of the Town of Mamaroneck as Block 122 Lot 534 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. APPLICATION NO. 9 - CASE 2047 Application of Carl Carilli requesting a variance from Section 89-77 C to alter roof plans as stipulated in Condition No. 1 in a Certification filed with the Town Clerk June 4, 1992 for a house under construction in an R-6 Zone District on the premises located at 59 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 46. Mr. Carilli and William Widulski, engineer, appeared. Mr. Carilli had changed the interior of his new house which caused window changes. The roof line had also changed. A stop order has been placed on the house at the second-story level. Richard Tortorella of 61 West Garden Road stated that without the roof on the building sun has been cut off from his building. The members did not like the new plans, so the applicant offered to come back with different ones next month. On motion of Mr. Simon, seconded by Mr. Wexler, this matter was adjourned to the next meeting. NEXT MEETING The next meeting of this Board will be February 24, 1993. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 12:32 AM. Bonnie M. Burdick