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HomeMy WebLinkAbout1994_07_27 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK `3 11 x� JULY 27, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST POSTON POST ROAD MAMARONECK, NEW YORK RECEIVED Present: Thomas E. Gunther, Chairman kg 3L 1994 PATRICIA A.OiC10CC10 Patrick J. Kelleher MZIROqK co Nina Recio N•Y J. Rene Simon 0 ens Arthur Wexler Also Present: John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector(?) Lori Fletcher, 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 7:45 PM. NEXT MEETING The next meeting of the ZBA will be held August 24, 1994 at 7:45 PM. APPLICATION NO. 1 - CASE 2119 The Secretary read the application as follows. Application of George Infante requesting a variance from Section 89-33 B(2) (a) to maintain a rear deck with a side yard of 8.6 ft. where 10.0 feet is required. Further, the deck 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 19 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 195. Michelle Cicero, principal of Permits Unlimited, appeared with Mel Beecher, architect. She stated that Mr. Infante had replaced the original, 8 foot by 16 foot, deck with one that is 12.2 feet by 24.4 feet. The original deck extended into the rear yard 8 feet and was non-conforming, too, as any addition on this lot would be. The area is heavily screened to the Fast and rear. 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 Zoning Board of Appeals July 24, 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 Mr. Simon, the following resolution was ADOPTED unanimously. UBIBEAS, George Infante has submitted an application to the Building Inspector, together with plans to maintain an existing rear deck on the premises located at 19 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 195; and Wes, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B(2) (a) and 89-57; and WAS, Mr. Infante 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. The encroachment is no greater into the side yard than the prior, unsafe deck. 2. The lot is a nonconforming one - substandard by today's standards. 3. There is more than sufficient, evergreen screening from the neighboring yard. 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 Zoning Board of Appeals July 24, 1994 -3- 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. NEW, THEREFORE, BE IT RESOLVED, that an application to the Board by George Infante for variances from Sections 89-33 B(2) (a) and 89-57 for a rear deck with a side yard of 8.6 feet on the premises located at 19 Fernwood Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 295 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 ccanpleted 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 2120 The Secretary read the application as follows. Application of Mr. and Mrs. Drew Neidorf requesting a revision of a variance granted March 23, 1994 to now allow a variance fraan Section 89-33 B (2) (c) to maintain a detached shed with a side yard of 2.20 ft. where 5.0 ft. is required. The former variance was for 2.75 ft. for a residence in an R-10 Zone District on the premises located at 32 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 258. Lawrence Gordon, architect, appeared. He explained that an incorrect measurement had been made originally. As a result of a new survey being done, it was discovered that an additional variance was needed because of a difference of half a foot. After review, on motion of Ms. Recio, seconded by Mr. Simon, 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 Zoning Board of Appeals July 24, 1994 -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 SEQRA. On motion of Mr. Wexler, seconded by Ms. Recio, the following resolution was ADOPTED unanimously. WHEREAS, Mr. and Mrs. Drew Neidorf have submitted an application to the Building Inspector, together with plans to revise a variance granted March 23, 1994 to maintain a shed on the premises located at 32 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 258; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-33 B(2) (c) ; and WHEREAS, Mr. and Neidorf 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 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 variance is small in nature, about .4 feet. 2. Since the differential between the amount granted previously and requested is so small, the criteria still holds. 3. The structures were in violation when the property was bought in 1986. 4. The property is wide. 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. 6. The variance is 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 July 24, 1994 -5- , 7. 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. Drew Neidorf for revision of a variance from Section 89-33 B(3) (c) for a shed with a side yard of 2.20 feet on the premises located at 32 Vine Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 258 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 ccettpleted 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 NO. 2121 The Secretary read the application as follows. Application of Victor Sosa requesting variances from Sections 89-35 B (2) (a) and 89-35 B(3) to construct a rear deck with a side yard of 6.0 ft. where 8.0 ft. is required and a rear yard of 17.0 ft. where 25.0 ft. is required for a residence in an R-6 Zone District on the premises located at 126 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 278. Mr. Sosa appeared. He stated that he was changing the location of a dilapidated deck from the side of his house to the rear for reasons of more privacy. His lot backs up on the New England Thruway,and there is a high, cement wall at the end of it. The placement of the deck in the rear yard is effected by the door to the basement. After review, 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 Zoning Board of Appeals July 24, 1994 -6- 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. Wes, Victor Sosa has submitted an application to the Building Inspector, together with plans to construct a rear deck on the premises located at 126 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 278; 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. Sosa 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; WAS, 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 applicant is faced with a property that is a flag lot which reduces the usable open space. 2. The house is burdened by its proximity to the New England Thruway and a high wall bordering the road at the rear of the property. 3. By replacing the side deck with the proposed one to the rear, more open space will be preserved. 4. The six-foot side yard encroachment is minimal, as is the seventeen-foot rear yard one in light of the burden of the wall. 5. By moving the deck to the rear from the side, the impact is lessened to the neighbors at the front. 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. Zoning Board of Appeals July 24, 1994 -7- 7. The variances are the minima= 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 Victor Sosa for variances from Sections 89-35 B(2) (a) and 89-35 B(3) for a rear deck with a side yard of 6.0 feet and a rear yard of 17.0 feet on the premises located at 126 Laurel Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 278 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. ***** ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Kelleher, the meeting was adjourned at 8:08 PM. Bonnie M. Burdick