Loading...
HomeMy WebLinkAbout1990_07_25 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JULY 25, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD 4 MAMARONECK, NEW YORK RECEIVED Present: Joel Negrin, chairman AM 23 1990 Thomas E. Gunther PAIRpIAACUICIIOCCIO KelleherRK Patrick B. MAMARONECKArthur Wexler Absent: J. Rend Simon Also Present: Steven M. Silverberg, 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 8:17 PM. APPLICATION NO. 1 - CASE 975 The Recording Secretary read the application as follows: Application of Mr. M. Doppelt requesting a variance from Section 89-67 B to reduce the front yard fruit 25.0 feet required to 20.0 feet for the proposed construction of an unenclosed off street parking facility, in an R-20 Zone District, on the premises located at 23 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Parcel 28. Kevin McKenna, contractor, appeared on behalf of the applicant. He stated that at least 12 houses in the neighborhood have similar set backs. Mr. Negrin asked Mr. McKenna to submit a specific list detailing this claim. The drawings submitted were confusing with misleading measurements, and Mr. McKenna was asked supply corrected drawings. 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. July 25, 1990 -2- On motion of Mr. Negrin, seconded by Mr. Wexler, this application was adjourned to the next meeting to allow presentation of corrected drawings and information concerning neighbors' driveways on a vote of 3-1, Mr. Kelleher opposed. NEXT MEETING The Board decided to meet Wednesday, August 22, 1990. APPLICATION NO. 2 - CASE 983 The Recording Secretary read the application as follows: Application of Mr. and Mrs. G. Scutaro requesting a variance from Section 89-34 B(3) to reduce the rear yard from 25.0 feet required to 2.0 feet for the proposed construction of an attached garage, in an R-7.5 Zone District, on the premises located at 2 Lundy Lane and known on the Tax Asql.ssment Map of the Town of Mamaroneck as Block 502 Parcel 84. Mr. Scutaro presented his application. He stated that there was a large outcropping of rock in his yard. The roof of the garage would be level with this rock, and two sides of the garage will be made of it. Mr. Scutaro stated that his property backs up on the Cooper Drive Apartments in New Rochelle with about 200 feet of open space. On motion of Mr. Wexler, seconded by Mr. Kelleher, 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. Kelleher, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. G. Scutaro have submitted an application to the Building Inspector, together with plans for construction of an attached garage on the premises located at 2 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 84; 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 89-34 B(3) ; and July 25, 1990 -3- WHEREAS, Mr. and Mrs. Scutaro 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 circumtistanc 's and/or conditions applying to the land for which the variance is sought on the following grounds: 1. A rock outcropping on the property limits construction. 2. The property is unusually configured giving the applicants no better option. 3. The applicant has explored other options ; this is the best available. 4. The garage will be relatively unobtrusive. 5. The Board realizes that this is a substantial variance, but grants it due to the extraordinary facts fount to exist in this particular case. 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 8-34 B(3) of the Zoning Ordinance be varied and modified so as to allow the construction of an attached garage on the premises located at 2 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 84 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, July 25, 1990 -4- 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 984 The Recording Secretary read the application as follows: Application of Mr. and Mrs. I.M. Black requesting variances from Section 89-33 B (2) (a) to reduce the side yard from 10.0 feet required to 4.97 feet and Section 89-33 B(3) to reduce the rear yard twill 25.0 feet required to 14.0 feet for the proposed construction of a rear addition which will increase the extent by which the existing building is nonconforming pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 718 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 216. Irwin Black appeared on behalf of his application. He stated that the size of his kitchen is very small - almost intolerable. When people sit at a table in it, they brush up against the stove. Using the other side yard, would eliminate the only yard and would cause an extensive, expensive re-ordering of the house. Mr. Wexler stated that the house was on a 5,000 square foot lot in a 10,000 square foot zone district. Also the house is 800 square feet, and the district requires 1400 square feet for a one-story house. On motion of Mr. Gunther, seconded by Mr. Wexler, 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. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. I.M. Black have submitted an application to the Building Inspector, together with plans to construct a rear addition on the premises located at 718 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 216;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) , 89-33 B(3) and 89-57; and July 25, 1990 -5- WHEREAS, Mr. and Mrs. Black 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 size of the house is more appropriate to an R-5 Zone District than to an R-10 District. 2. The additional area will bring the building closer to code. 3. The alternative of making an addition into the side yard would also require a variance and would cause an economic hardship. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. 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 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 variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-33B(2) (a) , 89-33B(3) 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 718 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 216 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 July 25, 1990 -6- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ****** APPLICATION NO. 4 - CASE 985 The Recording Secretary read the application as follows: Application of Dr. G. Krol requesting a variance from Section 89-31 B(2) (a) & (b) to reduce the side yard fLum 15.0 feet required to 10.63 feet and the total side yards fruin 40.0 feet required to 32.75 feet, in an R-20 Zone District, for the proposed construction of an attached garage on the premises located at 1001 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 336. Dr. Krol had had a similar proposal denied in May. Dr. Krol stated that he had placed an office in former garage space, but that he did not see patients at his home. He wanted to build a third garage as he owns five cars. He proposed placing screening at this corner of his property. On motion of Mr. Gunther, seconded by Mr. Kelleher, 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. Mr. Wexler proposed allowing the new garage with conditions to remove much of the pavement in the back yard, to not allow the second garage door and to require screening. No one seconded the motion, and Mr. Wexler withdrew it. Mr. Gunther, Mr. Kelleher and Mr. Negrin stated that they found very little new in the application and that the difficulties cited were self-inflicted. On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were adopted 3-1, Mr. Wexler abstaining: WHEREAS, Dr. George Krol has submitted an application to the Building Inspector, together with plans to construct an attached garage; 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) , 89-33 B(3) and 89-57 on the premises located at 1001 July 25, 1990 -7- Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 336; and WHEREAS, Dr. Krol 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 hereby denies the application on the following grounds: 1. Insufficient reasons were presented demonstrating practical difficulty and/or unnecessary hardship. 2. The difficulties demonstrated were largely self-imposed. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE 986 The Recording Secretary read the application as follows: Application of Manisbro Inc. for a use variance pursuant to Section 89-77 B, 89-9 and 89-28 or, in the alternative, an interpretation that the proposed use is a permitted use under Section 89-28B(1) and Section 89-77 B(1) . The use as intended, automotive engine rebuilding, is not a permitted use in a "B" District, on the premises located at 1-5 Vine Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 730. Joseph DeSalvo, attorney, appeared on behalf of the application. He had distributed a memorandum detailing the facts in the case. He explained that the garage/dry cleaning structure had been in place for a good many years. Mr. DeSalvo's client had rented space for a garage, limo service and rar rental business for a number of years and had bought the building in January 1990. It was his anticipation that the tenants in the building would stay in place. However, the body shop tenant declined to pay a requested rent increase. Mr. DeSalvo's client proposes renting that space to an auto engine rebuilder. The engines will be brought by truck, and the building will not be cluttered with cars. The prospective client is conducting a similar business on the Post Road in Larchmont but needs more space. Mr. DeSalvo stated that the site - bordering on I-95 and the Town's parking lot - was not conducive to many of the businesses delineated in a "B" District and that these business would have no impact on the site. Mr. DeSalvo stated that his client would use a duly authorized removal July 25, 1990 -8- service to dispose of the automotive waste. It is likely that the outside of the building would be improved. Mr. DeSalvo stated that his client had a hardship because he could not rent the space for a permitted use. He asked in the alternative for an interpretation of the Zoning Ordinance finding the proposed use is a Special Permit use under §89-28(B) (1) . The Board requested income and expense statements concerning the operation of the building. It stated that these had been asked in the past and were a prerequisite for a use variance. The Board also requested market information about the real estate involved. The Building Inspector read his rejection letter for the record. Mr. Silverberg explained that the Board needed to determine first if this was a Special Permit use. If the use requested was such a use, the application would be referred to the Planning Board for a Special Permit. Mr. Negrin and Mr. Kelleher felt that the plans were similar to LI and not a Special Permit use saying a law horsepower engine would be used - no fabricating or manufacturing would be done. Mr. Gunther and Mr. Wexler disagreed. On motion of Mr. Kelleher, seconded by Mr. Negrin, interpretation of this matter as a permitted use under 28.B.1 was judged a non-action with a 2-2 vote, Mr. Wexler and Mr. Gunther opposed. The matter was adjourned to the August meeting when Mr. DeSalvo will present financial information. He may submit the name of the tenant so that the Board could examine his other business. APPLICATION NO. 6 - CASE 987 The Recording Secretary read the application as follows: Application of Mr. and Mrs. P. Zambito requesting a variance for the proposed construction of a dormer which would increase the height of the building to three (3) stories where two and one half (21 ) stories is permitted pursuant to Section 89-36 D(1) , in an R-2F Zone District, on the premises located at 4 Nancy Lane and known on the Tax Assessment Map of the Tenn of Mamaroneck as Block 402 Parcel 300. Mr. Zambito appeared on behalf of his application He stated that the family's only desire was to improve storage in the attic. He is unable to stand up straight there currently. Mr. Zambito stated that the extra room would never be used for habitable space and noted that the walls were unfinished and there will be no heat. He submitted a number of favorable letters from his neighbors. 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 July 25, 1990 -9- corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. P. Zambito have submitted an application to the Building Inspector, together with plans to construct a dormer on the premises located at 4 Nancy Lane and ]mown on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 300; 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 Ordnance with particular reference to Section 89-36 D(1) ; and WHEREAS, Mr. and Mrs. Zambito 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. This addition is consistent with the neighborhood. 2. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 3. 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 4. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable usP 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 89-36 D(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a dormer on the premises located at 4 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 300 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 July 25, 1990 -10- FURTHER RESOLVED that the following condition shall attach to this variance: The sole purpose and use of this dormer shall be for light storage. 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. ***** ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Gunther, the meeting was adjourned at 11:20 PM. AOM,A4C'd 4412.144L Bonnie M. Burdick