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HomeMy WebLinkAbout1992_06_24 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JUNE 24, 1992, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD tit MAMARONECK, NEW YORK Present: Joel Negrin, Chairman RECEIVED Thomas E. Gunther Jill ,c►g1 ` 199 Patrick E. Kelleher pq 2 J. Rene Simon 1OWryq' C10 Arthur Wexler `n� MAMfix CK �, N.Y. Also Present: Nancy Rudolph, Counsel Kevin R. Denton, Assistant Building Inspector Karen Brideau, 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 8:18 PM. APPROVAL OF MINUTES Mr. Negrin requested the members to review the April and June 3, 1992 minutes. APPLICATION NO. 1 - CASE 2005 The Secretary read the application as follows. Application of Mr. & Mrs. Richard Warren requesting a variance from Sections 89-33 B-2 (a&b) respectively to construct front and rear extensions with side yards of 6.7 ft. and 6.07 ft. where a minimum 10.0 ft. is required and a total side yard width of 12.77 feet where 25.0 is required. Further, the additions increase the extent by which the building is non conforming pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 1 Carroll Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 393. Lawrence Gordon, architect and Mr. Warren appeared. The Warrens sought to add bedroom space by adding to the second story in two places. the footprint will not be increased. The property slopes; the backyard is lower than the front. Richard Hass and Charles Flynn, neighbors, appeared. Both men found the additions to be attractive and were in favor of the application. ZBA June 24, 1992 -2- On motion of Mr. Wexler, seconded by Mr. Simon, 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. Richard Warren have submitted an application to the Building Inspector, together with plans, to construct front and rear extensions on the premises located at 1 Carroll Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 393; 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 & b) and 89-57; and WHEREAS, Mr. and Mrs. Warren 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 additions will be no closer to the side yard than present. 2. The land slopes. 3. The land is narrow making additions nearly impossible. 4. There is no increase in the footprint of the house. ZBA June 24, 1992 -3- 5. The centers of the front and rear of the house are the only places additions are possible, 6. There is a 62-foot setback from the street so the addition will not appear massive. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. 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. 9. 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 89-33 B 2(a&b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow front and rear extensions with side yards of 6.7 feet and 6.07 feet on the premises located at 1 Carroll Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 393 in strict compliance 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 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 2 - CASE 2006 The Secretary read the application as follows. Application of Mr. and Mrs. Greenburgh requesting a variance from Sections 89-36 B(3) and 89-36 B(2)(a) to construct a rear wood deck with a rear yard of 13.0 ft. where 25.0 ft. is required and a side yard of 5.0 ft. where 8.0 ft. is required for a one-family residence in an R-2F Zone District on the premises located at 2 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 38. ZBA June 24, 1992 -4- Mr. and Mrs. Greenberg appeared with Fred Grippi, architect. They stated that their backyard does not get sun - by July 15th any grass planted has died - and slopes up. They wanted to build a deck in the sunniest area of the yard as a play space for their children to keep said children out of a street which is commonly used as a turn-around area. The side and back of the yard is amply screened by trees. The house to the rear is approximately 30 feet from the rear lot line. Eugene Ritter of 11 Nancy Lane appeared. He was in favor of the application and stated that the Greenberg's end of Nancy Lane was unsafe for children. 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. Negrin, seconded by Mr. Gunther, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Greenberg have submitted an application to the Building Inspector, together with plans, to construct a rear wood deck on the premises located at 2 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 38; 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 89-36 B(3) and 89-36 B(2)(a); and WHEREAS, Mr. and Mrs. Greenberg 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 is a difficult corner lot on a busy street with an unusual traffic pattern. ZBA June 24, 1992 -5- 2. This lot is irregularly shaped and low in grade. 3. This addition will be inobtrusive to the neighbors and to the street. 4. The house behind the deck is 30 feet from its rear lot line. 5. A close neighbor has indicated his approval for the addition. 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. 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 Sections 89-36 B(3) and 89-36 B(2)(a) of the Zoning Ordinance be varied and modified so as to allow a rear wood deck with a rear yard of 13.0 feet and a side yard of 5.0 feet on the premises located at 2 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 38 in strict compliance 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 following condition shall attach to the variance: Below-grade evergreen screening shall be planted on the side yard portion of the deck to soften its impact on the neighbors. 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. APPLICATION NO. 3 - CASE 2007 The Secretary read the application as follows. Application of Eugene Ritter requesting a variance from Section 89-36 B-3 to construct a rear addition with a side yard of 22.25 ft. where 25.0 ft. is required for a residence in an R-2F Zone District on the premises located at 11 Nancy Tane and known on the Tax Assessment Man of the Town ZBA June 24, 1992 -6- Eugene Ritter appeared. He stated that, with 5 children, the family has outgrown the house. Closet space, in particular, is desperately needed. He proposed building a closet 3' by 9". His rear neighbor is the New Haven Railroad. 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. Simon, seconded by Mr. Gunther, the following resolutions were unanimously adopted WHEREAS, Eugene Ritter have submitted an application to the Building Inspector, together with plans, to construct a rear addition on the premises located at 11 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 321; 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 89-36 B 3; and WHEREAS, Mr. Ritter 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 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 footprint of the house is not changed. 2. The lot is irregularly shaped which exacerbates the condition, and the lot has a steep grade. 3. There is no rear neighbor other than the New Haven Railroad. ZBA June 24, 1992 -7- 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. 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 Section 89-36 B 6 of the Zoning Ordinance be varied and modified so as to allow a rear addition with a side yard of 22.25 feet on the premises located at 11 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 321 in strict compliance 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 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO 4 - CASE 2008 The Secretary read the application as follows. Application of Mr. and Mrs. Arnold Holland requesting a variance from Section 89-44 D to maintain a 5-ft. (four [4] ft. height maximum permitted) high chain link fence an R-10 Zone District on the premises located at 126 Valley Stream Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 663. Arnold Holland appeared and stated that he had bought a large German Shepard for his child and had built, without benefit of a Building Permit, a fence to contain the dog. The Building Department had initiated this process as a result of a complaint. Mr. Holland stated that he believed a lower fence would not be adequate to hold in the dog and that his neighbors would like the dog confined as well. It was Mr.Holland's contention that the fence is well screened from the front of his yard and that there are several taller fences in his neighborhood. ZBA June 24, 1992 -8- 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. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Arnold Holland have submitted an application to the Building Inspector, together with plans, to construct a 5 foot high fence on the premises located at 126 Valley Stream Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 663; 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 89-44D; and WHEREAS, Mr. and Mrs. Holland 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 lot is irregularly shaped. 2. The fence is only in the rear. It is not visible from the street. 3. The fence is well-screened from the street. 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. ZBA June 24, 1992 -9- 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 Section 89-44 D of the Zoning Ordinance be varied and modified so as to allow a 5 foot high fence on the premises located at 126 Valley Stream Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 663 in strict compliance 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 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 5 - CASE 2009 The Secretary read the application as follows. Application of Mr. & Mrs. R. Gaccione requesting a variance from Section 89.33 B(1) to construct entry stairs /planter and a deck with front yards of 12.75 ft. and 10.0 respectively where 30.0 is required and a variance from Section 89-67 B to construct unenclosed off-street parking 0.0 ft. from the front property line where 25.0 feet is required. Further, the structure as exists 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 18 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 75. Joe Reilly, architect, appeared with Mr. Gaccione. He stated that the house is burdened with two front yards. The Gacciones had replaced an old staircase and added the planter. The patio was built with railroad ties and bluestone. It is one foot above grade and replaced an existing patio. Both it and the planter are well-screened. The Gacciones had paved an existing driveway with asphalt. They are moving but staying within the Town. ZBA June 24, 1992 -10- 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. It was decided to split the decisions. On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. R. Gaccione have submitted an application to the Building Inspector, together with plans, to maintain entry/stairs and a deck on the premises located at 18 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 75; 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(1) and 89-57; and WHEREAS, Mr. and Mrs. Gaccione 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 house is on an irregularly shaped lot. 2. It is burdened with two front yards. 3. The yard is low. 4. There is sufficient screening to obstruct the view of the patio and deck. 5. The deck is no closer to the lot line than the house. 6. The patio is 12" high or less. ZBA June 24, 1992 -11- 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. 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. 9. 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 89-33 B(1) of the Zoning Ordinance be varied and modified so as to allow entry stairs/planter and patio with front yards of 12.75 ft. and 10.0 ft. respectively on the premises located at 18 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 75 in strict compliance 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 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. R. Gaccione have submitted an application to the Building Inspector, together with plans, to maintain an unenclosed off-street parking area on the premises located at 18 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 75; 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 89-67 B and 89-57; and WHEREAS, Mr. and Mrs. Gaccione 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; ZBA June 24, 1992 -12- 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 is a building lot with an irregular shape. 2. This is a corner lot burdened with two front yards. 3. To use the rear third of the lot would be more detrimental to the neighbors. 4. Separating the driveway from the street are a large tree, a small tree, sidewalk and bushes. 5. The driveway is well-screened from the immediate neighbors. 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. 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 Sections 89-67 B and 89-57 of the Zoning Ordinance be varied and modified so as to allow an unenclosed, off-street driveway with a 0.0 front setback on the premises located at 18 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 75 in strict compliance 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 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ZBA June 24, 1992 -13- APPLICATION NO. 6 - CASE 2010 The Secretary read the application as follows. Application of Francisco Pia requesting a variance from Section 89-30.1 B(1) to construct dormers and entry with a front yard of 23.2 ft. where 50.0 ft. is required, from Section 89-30.1 C(2) to enclose a screened porch with a total side yard of 35.6 ft. where 50.0 ft. is required, from Section 89-30.1 D(2) to erect a garage away from the rear one-third of the lot. Said garage would have a 12.0 ft. front yard where 50.0 ft. is required, and, further, the garage and additions would increase the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-30 Zone District on the premises located at 3 Boulder Brae Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 313 Lot 258. James Fleming, architect, appeared with Mr. Pia. He stated that this house is non-conforming and on an under-sized lot for the Zone District. Mr. Pia wanted to build a roof over his front stoop and to partially enclose a flagstone patio with a three/quarter roof. He has consulted his neighbors and stated that they had no objections. Mr. Pia changed his mind about the dimensions of the proposed driveway. Therefore, the new plans will need to be reviewed again by the Building Inspector and another Notice of Disapproval will be made. Mr. Wexler asked that Mr. Pia and Mr. Fleming stake the proposed driveway. On motion of Mr. Gunther, seconded by Mr. Simon, 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. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. Francisco Pia has submitted an application to the Building Inspector, together with plans, to construct dormers and front entry and to enclose a screened porch on the premises located at 3 Boulder Brae Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 313 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 Sections 89-30.1 B(1), 89-30.1 C(2) and 89-57; and WHEREAS, Mr. Pia 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 ZBA June 24, 1992 -14- 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 house was built prior to present-day zoning. 2. This is a small dormer which enhances the structure. 3. A portico is necessary for protection from the elements. 4. The porch has the same footprint as the house. 5. The house is burdened with two front yards. 6. The house is built on a steep, irregular rocky slope. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. 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. 9. 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 89-30.1 B(1), 89-30.1 C(2) and 89-57 of the Zoning Ordinance be varied and modified so as to allow dormers and entry with a front yard of 23.2 feet and an enclosed screen porch with a total side yard of 35.6 on the premises located at 3 Boulder Brae Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 313 Lot 258 in strict compliance 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 ZBA June 24, 1992 -15- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. On motion of Mr. Kelleher, seconded by Mr. Gunther, and with the consent of the applicant, the Board unanimously adjourned the driveway application. APPLICATION NO. 7 - CASE 2011 The Secretary read the application as follows. Application of Dr. Leo Wilson requesting a variance from Section 89-34 B(3) to maintain an existing enclosed porch with a rear yard of 17.0 ft. where 25.0 ft. is required, and, further, the enclosed porch 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 15 Lafayette Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Lot 1. James Fleming, architect, appeared on behalf of the applicant. He stated that the porch had probably been built more than 20 years ago. The roof existed as did the porch setback. The oddly-shaped lot makes the porch non-conforming. Heidi Apt, 7 Lafayette Road, appeared and asked the Board to grant this variance. 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. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Dr. Leo Wilson has submitted an application to the Building Inspector, together with plans, to maintain an existing enclosed porch on the premises located at 15 Lafayette Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 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 89-34 B(3) and 89-57; and ZBA June 24, 1992 -16- WHEREAS, Dr. Wilson 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 porch was in existence over 30 years ago. 2. The peculiarity of the shape of the lot has necessitated a variance. 3. If this lot were squared off, there would be more than sufficient land for such an addition. 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. 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 89-34 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow an existing enclosed porch on the premises located at 15 Lafayette Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Lot 1 in strict compliance 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 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** ZBA June 24, 1992 -17- APPLICATION NO. 8 - CASE 2012 The Secretary read the application as follows. Application of Mr. & Mrs. John Segal requesting a variance from Sections 89-34 B-3 and 89-34 B(2)(a) to retain a screened porch with a rear yard of 22.0 ft. where 25.0 ft. is required and an entry landing with a side yard of 4.5 ft. where 10.0 ft. is required. Further, the additions fail 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 19 Huguenot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Lot 349. Mr. Segal appeared with his architect, Peter Coles. He stated that in 1975 he had built an above-ground patio and screened porch. Ten years ago he removed his stairs and replaced them. He was unaware of the need for a Building Permit and wanted to correct things now. Mr. Segal's lot is awkward - trapezoidally shaped. Mr. Negrin noted that the stairs would go further into the setback without their landing. 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. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. John Segal have submitted an application to the Building Inspector, together with plans, to retain a screened porch and an existing landing on the premises located at 19 Huguenot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Lot 349; 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, 89-34 B(2)(a) and 89-57; and WHEREAS, Mr. and Mrs. Segal 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; ZBA June 24, 1992 -18- 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 porch was constructed prior to the present Zoning Code. 2. The porch, patio and stairs were constructed without knowledge of the need for a Building Permit. 3. Both intrusions are minimal. 4. A letter of support from a neighbor has been submitted. 5. The structures are fully screened. 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. 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 Sections 89-34 B-3,89-34 B(2)(a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a screened porch with a rear yard of 22.0 ft. and an entry landing with a side yard of 4.5 ft. on the premises located at 19 Huguenot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Lot 349 in strict compliance 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 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ZBA June 24, 1992 -19- APPLICATION NO. 9 - CASE 2013 The Secretary read the application as follows. Application of the Town of Mamaroneck requesting a variance from Section 89-47.1C(1)(d) to construct apartments with ground coverage of 38% when 30% is required and from Section 89-47.1C(3)(b) for a proposed 4-bedroom, senior-shared-occupancy unit where no more than 3 bedrooms are allowed in a dwelling unit. Further, ZBA approval is requested pursuant to Section 89-67 A for use of 11 spaces on an adjoining lot and ZBA consideration is sought regarding the appropriateness of the off-street parking lane access in relation to the need, pursuant to Section 89-70C, for said apartments in an Urban Renewal Zone on the premises located at 1361 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Lot 169. Bradford Perkins, architect, and Stephen V. Altieri, Town Administrator, appeared. Mr. Altieri stated that the Town Board had wanted to establish an affordable housing project for the old motel site. This application is its proposal: 54 units in "stick-built" buildings with a garage for each apartment. A range of rents is planned to include Section 8 eligibles to Town employees and volunteers. An inter-faith group proposes developing a four-bedroom apartment for congregate senior housing. Extra parking will be available on the site and at the nearby Hommocks School parking lot. Mr. Perkins stated that his firm has built a similar unit in Stamford on West Main Street. He told the Board that less-expensive materials were used than are proposed for Mamaroneck. Alkan Oral, 5 Hommocks Road, appeared. He stated that parking is terrible on the weekend and asked that the hardship be proved. He felt that 40 units would be economically feasible and that there should be more green areas. Mrs. Rudolph stated that no hardship needs to be demonstrated, and Mr. Altieri stated that, as designed, the apartments would be economically feasible. On motion of Mr. Negrin, seconded by Mr. Gunther, this matter was unanimously adjourned to the Board's regularly scheduled meeting of July 22nd. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 11:59 PM. Bonnie M. Burdick