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HomeMy WebLinkAbout1992_07_22 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JULY 22, 1992, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther Patrick E. Kelleher Arthur Wexler Absent: Joel Negrin, Chairman J. Rene Simon Also Present: Nancy Rudolph, Counsel William E. Jakubowski, Building Inspector Marci Dustin, 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 Acting Chairman Gunther at 8:18 PM. He told those present that as there were only three members present all would have to agree for an approval or denial to be made. APPROVAL OF MINUTES The Board members put off approval of past minutes until they had had a longer time to study them. APPLICATION NO. 1 - CASE 2013 Mr. Jakubowski stated that the Town-had withdrawn its application as the project is being redesigned. APPLICATION NO. 2 - CASE 1091 The Secretary read the application as follows. Application of Mr. and Mrs. Maurice Goldfarb, adjourned from March 25, 1992, requesting variances from Sections 89-31 B(3), 89-31 B(3)(b), 14-48 A(1) and 14-48 A(2) to obtain a Certificate of Occupancy for the pool, pool equipment, fence, deck and solarium. The solarium has a rear yard of 39.1 ft. where 40.0 ft. is required, and the pool deck is 4.0 ft. from the wood deck, 0.0 ft. from the solarium, and 11.0 ft. from the side yard where 15.0 ft. is required. The pool deck is 4.0 ft. from a rear lot line where 20.0 ft. is required, and the pool filter equipment is 0.1 ft. from a rear lot line where 5.0 ft. is required for a residence in an R-20 Zone District on the premises located at 21 Fairway Drive and known on the Tax Assessment Map as Block 333 Lot 2212. Zoning Board July 22, 1992 -2- David Steinmetz, attorney, appeared with Mr. and Mrs. Goldfarb. He filed a new survey with the Board and stated that his clients had relied upon its pool company to comply with the Town's regulations. The pool was installed in early 1991, and not until Certificates of Occupancy were sought in January 1992 did the applicants discover that variances were needed. Mr. Steinmetz stated that the Goldfarbs and their neighbors, the Drukers, have a dispute in Supreme Court concerning the property line. However, the Board was asked to act on the matter before it and disregard said action. Mr. Steinmetz stated that 13 neighbors had signed a petition favoring the variances; that the rear of the property was well-screened from the street, that the variances would have a de minimus impact; and that the applicants had relied on their contractor. It was Mr. Steinmetz's contention that the benefits to the applicants vastly outweigh any perceived detriment. . Dr. Barry Druker appeared with his wife. He claimed that the Goldfarbs had moved a fence to fool a surveyor and that the pool equipment is very noisy so close to his house. He stated that the Goldfarbs' pool drains onto his property. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were proposed andadopted unanimously: RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Wexler, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Maurice Goldfarb have submitted an application to the Building Inspector, together with plans, to obtain a Certificate of Occupancy for the pool, pool equipment, fence, deck and solarium on the premises located at 21 Fairway Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Lot 2212; and WHEREAS, this Board has determined that it is the Lead Agency; and Zoning Board July 22, 1992 -3- WHEREAS, this Board has determined that this matter is a Type II action requiring no further action under SEQRA or corresponding local law; and WHEREAS, the Building Inspector has declined to issue such certificate 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), 89-31 B(3)(b), 14-48 A(1) and 14-48 A(2); and WHEREAS, Mr. and Mrs. Goldfarb 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The property is irregularly shaped. 2. The decks are well-screened from the adjacent neighbors. 3. The requested area variances are not substantial. 4. The granting of the 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. 5. The variances are 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 variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Maurice Goldfarb for variances from Section 89-31B(3), 14-48 A(1) and 14-48A(2) so as to allow a rear yard of 39.1 ft. and a pool deck 4.0 ft. from the wood deck, 0.0 ft. from the solarium, 11.0 ft. from the side yard and 4.0 ft. from a rear lot line on the premises located at 21 Fairway Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Lot 2212 be and the same is granted, subject to the following conditions. Zoning Board July 22, 1992 -4- 1. The pool shall be drained onto the Goldfarb's property into newly-constructed drywells or another mitigating structure. 2. The pool filter equipment shall be moved to comply with the Zoning Ordinance. 3 The landscaping in the disputed area shall be left intact as it exists and not be removed by the applicant unless otherwise directed by the Court. 4. 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. 5. 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. 6. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ADJOURNMENT Mr. Gunther adjourned the meeting at 10:10 PM and reopened it at 10:15 PM. APPLICATION NO. 3 - CASE 2014 The applicants did not appear for this matter. APPLICATION NO. 4 - CASE 2015 The Secretary read the application as follows. Application of Chen Chang and Patricia McNamara requesting a variance from Section 89-34 B (3) to construct a rear addition with a rear yard of 11.9 ft. where 25.0 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 2 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Lot 280. James Fleming, architect, and Wen Chang appeared. Mr. Fleming stated that the house is burdened by three front yards as well as sheer rock and a drop of 15 feet. Zoning Board July 22, 1992 -5- On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were 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; 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. Gunther the following . resolutions were unanimously adopted. WHEREAS, Chen Chang and Patricia McNamera have submitted an application to the Building Inspector, ..together with plans, to construct a rear addition on the premises located at 2 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Lot 280; and WHEREAS, this Board has determined that it is the Lead Agency; and WHEREAS, this Board has determined that the matter is a Type II action requiring no further action under SEQRA or corresponding local law; and WHEREAS, the Building Inspector has declined to issued 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, Mr. Cheng and Ms. McNamera submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; WHEREAS, the 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 property is burdened by three front yards. 2. There is an enormous rock outcropping on the property. 3. The requested area variance is not substantial; the addition as proposed would have a rear yard of 11.9 feet where 25.0 feet is required. 4. The granting of the variance is in harmony with the Zoning Board July 22, 1992 -6- 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. 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 Chen Chang and Patricia McNamera for variances from Section 89-34B(3) and 89-57 so as to allow a rear yard of 11.9 ft. on the premises located at 2 Robins Nest Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Lot 280 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. 5 - CASE 2016 The Secretary read the application as follows. Application of Mr. Eric S. Philo requesting a variance from Section 89-44 D to construct a 6-ft. (four [4] ft. height maximum permitted) high fence in an R-7.5 Zone District on the premises located at 124 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Lot 59. Mr. Philo appeared He stated that he had a chronic illness which requires a great deal of rest. He finds it very difficult to do so as his house is near a stop sign on Murray Avenue. A fence builder advised him that a 6-foot high fence would alleviate the problem. Zoning Board July 22, 1992 -7- On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were 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; 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. Mr. Kelleher moved to approve the fence; Mr. Gunther seconded; but Mr. Wexler was opposed which created a non-action. Mr. Gunther explained that Mr. Philo could resubmit his application at the next meeting. APPLICATION NO. 6 - CASE 2017 The Secretary read the application as follows. Application of Mr. and Mrs. M. Moran requesting a variance from Section 14-48 A(2) for a swimming pool with a rear yard of 12.0 ft. where 20.0 ft. is required and from Section 14-48 A(1) to construct a pool deck 0.0 ft. from the house where 15.0 ft. is required in an R-30 Zone District on the premises located at 23 Fenbrook Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 11. This matter was noticed incorrectly and will be heard at the next meeting. On motion of Mr. Gunther, seconded by Mr. Kelleher, the Moran application was adjourned to the next meeting. NEXT MEETING This Board will meet August 26, 1992. On motion of Mr. Kelleher, seconded by Mr. Wexler, the meeting was adjourned at 11:00 PM Bonnie M. Burdick