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HomeMy WebLinkAbout1993_06_23 Zoning Board of Appeals Minutes � R / MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JUNE 23, 1993, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman RECEIVED Patrick E. Kelleher JUL 21 1993 Nina Rec io PATRICIA A.DiCIOCCI0 J. Rene Simon TOWN CLERK Arthur Wexler MAMARONECK N.Y. Also Present: Steven M. Silverberg, Counsel John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector Laurie 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 8:17 PM. APPLICATION NO. 1 - CASE 2069 The Secretary read the application as follows. Application of F. Harlan Batrus requesting a variance from Section 14-48 A (2) to construct a swimming pool 4 ft.32 in. from the principal structure where 15 ft. is required for a residence in an R-20 Zone District on the premises located at 11 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Lot 94. Appearing with Mrs. Batrus were her attorney, William Maker Jr. , and her architect, Stewart Disston. Messrs. Maker and Disston demonstrated plot plans, picture boards and coded plans to explain the inherent problems in the site - odd shape, septic field, outcroppings - which cause the need to place the pool close to the house. This placement allows the house to be in the proper building envelope and would necessitate less blasting. The pool will be partially hidden by a large rock, and the property backs up on a golf course. The gates around the pool will be self-locking. After review, on motion of Mr. Wexler, 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; Zoning Board June 23, 1993 -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 resolutions were adopted unanimously. WHEREAS, F. Harlan Batrus has submitted an application to the Building Inspector, together with plans to construct an in-ground swimming pool on the premises located at 11 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Lot 94; 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 89-48 A(2); and WHEREAS, Mr. Batrus 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 large rock outcroppings and on-site and adjacent water bodies. 2. This property does not have a connection to the Town sewer system. A large septic system is being constructed for the new house and its pool which further restricts the placement of the pool. 3. This placement of the pool allows for more open space for the neighboring properties. 4. The shape of the property and its topography restricts the placement of the house. Granting a variance for the pool permits the house placement to be within the proper zoning envelope. 5. The property backs up onto a large golf course. Zoning Board June 23, 1993 -3- 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 F. Harlan Batrus for variances from Section 89-48 A (2) for a pool four feet, three and one-half inches (4'32") from the house located at 11 Bruce Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Lot 94 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 2070 The Secretary read the application as follows. Application of Antonio Galvao requesting a variance from Sections 89-34 B(1) to construct a screened porch on an existing deck with a front yard of 15.2 ft. where 30.0 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 48 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Lot 542. Mr. Galvao appeared accompanied by his wife. He stated that the high open deck gave the Galvao no private passive recreational use. The proposed porch is placed so that access is handy from the kitchen. Mr. Galvao stated that he had spoken to his neighbors and that the adjacent property has a 12- to 14- foot hedge. Zoning Board June 23, 1993 -4- After review, on motion of Ms. Recio, seconded by Mr. Wexler, 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; 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 adopted unanimously. WHEREAS, Antonio Galvao has submitted an application to the Building Inspector, together with plans to construct a screened porch on an existing deck on the premises located at 48 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Lot 542; 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(1) and 89-57; and WHEREAS, Mr. Galvao 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 property is a corner lot burdened by two front yards. 2. The property is irregularly shaped. 3. The proposed structure is no closer to the side and rear property lines than other parts of the house. 4. The proposed porch is in harmony with the house and the community at large. 5. 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. 6. The variances are the minimum to alleviate the difficulty detailed in the application yet also preserves and protects the Zoning Board June 23, 1993 -5- 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 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 Antonio Galvao for variances from Sections 89-34 B(1) and 89-57 for a screened porch on a deck with a front yard of 15.2 feet on the premises located at 48 Valley Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Lot 542 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. **:AA APPLICATION NO. 3 - CASE 2071 Mr. Gunther read a letter from the applicant's daughter requesting an adjournment as their lawyer was ill. APPLICATION NO. 4 - CASE 2072 The Secretary read the application as follows. Application of Dr. and Mrs. Michael Lev-Gur requesting a variance from Section 89-34 B(3) to maintain a deck with a rear yard of 20.1 ft. where 25.0 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 an R-7.5 Zone District on the premises located at 41 Vine Road and known on the Tax Assessment Map as Block 111 Lot 257. Anita Lev-Gur appeared. She stated that the Lev-Gurs had bought this house nine years ago with the deck as it is now. They are now refinancing, and the title search determined that there was no Building Permit or Certificate of Occupancy for the deck. Mrs. Lev-Gur stated that the neighbors were not impacted as the house backs up on woods. After review, on motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were proposed and adopted unanimously. Zoning Board June 23, 1993 -6- 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 Ms. Recio, the following resolutions were adopted unanimously. WHEREAS, Dr. and Mrs. Michael Lev-Gur have submitted an application to the Building Inspector, together with plans to maintain a deck on the premises located at 41 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Lot 257; 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, Dr. and Mrs. Lev-Gur 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 deck was built prior to the Lev-Gur's occupancy of 1984. 2. Removal of the deck would cause a financial hardship. 3. The deck is no closer to the property line than the existing structure. 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 preserves and protects the character of the neighborhood and the health, safety and welfare of the community. Zoning Board June 23, 1993 -7- 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 Dr. and Mrs. Michael Lev-Gur for variances from Sections 89-34 B(3) and 89-57 for a screened porch on a deck with a rear yard of 20.1 feet on the premises located at 41 Vine Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Lot 257 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. ... NEXT MEETING The next meeting of this Board will be July 28, 1993. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 9:00 PM.