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HomeMy WebLinkAbout1992_06_03 Zoning Board of Appeals Minutes a MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JUNE 3, 1992, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK �`lip � nt Present: Joel Negrin, Chairman ?ciq I Thomas E. Gunther "�p��y 99 Patrick E. Kelleher p4F 10 \ 1 J. Rene Simon Arthur Wexler Also Present: Nancy Rudolph, Counsel William E. Jakubowski, Building Inspector Marci Dustin, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:19 PM. APPLICATION NO. 1 - CASE 2000 The Secretary read the application as follows. Application of Mr. and Mrs. Jay Sands requesting a variance from Section 89-44 D to construct a fence 6.0 ft. in height (four [4] ft. height maximum permitted), in an R-10 Zone District on the premises located at 3 Woody Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Lot 173. Mr. and Mrs. Sands appeared on behalf of their application. They sought to build a cedar, stockade fence to enclose their dogs. The house is located on Rockland Avenue as well as Woody Lane; the plans called for a 6-foot-high fence on Rockland as well as along the back of the house. These two sides would join a fence 4 feet in height on the other two sides of the lot. The Sands' dogs are large - one weighs seventy pounds. They are concerned that the dogs will jump a lower fence into Rockland Avenue which is a heavily traveled street. Mr. Negrin suggested "invisible" fencing; Mr. Gunther proposed a five-foot high fence; and Mr. Wexler suggested a four-foot high fence with a one-foot rail and mesh top. Mr. and Mrs. Stan Rubin of 75 Rockland Avenue requested that the Sands plant evergreens along the proposed fence as the privet which is on Rockland Avenue would lose its leaves in the Fall. Zoning Board June 3 1992 Page 2 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. Mr. Kelleher moved to approve the application as presented. There was no second to his motion. Mr. Wexler moved, with Mr. Gunther seconding, to approve an amended proposal with a four-foot high fence and a one-foot-high rail and mesh top. Mr. Gunther and Mr. Wexler voted in favor; Messrs. Negrin, Kelleher and Simon were opposed. On motion of Mr. Negrin, seconded by Mr. Kelleher, the following resolutions were adopted 4-1, Mr. Gunther opposed. WHEREAS, Mr. and Mrs. Jay Sands have submitted an application to the Building Inspector, together with plans, to construct a six-foot high (four-feet height maximum permitted) fence; 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 89-44 B on the premises located at 3 Woody Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Lot 173; and WHEREAS, Mr. and Mrs. Sands 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 Zoning Board June 3 1992 Page 3 RESOLVED, that this Board hereby denies the application on the following grounds: 1. There was an insufficient demonstration of pracitical difficulty. 2. No information was given which showed the uniqueness of circumstances for this applicant. 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 2001 The Secretary read the application as follows. Application of Mr. and Mrs. C. Iovenitti requesting a variance to construct a rear one-story unheated room with a rear yard of 10.0 ft. where 25.0 ft. is required. Further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 185 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Lot 177. Mark Mustacato, architect, appeared with Mrs. Iovenitti. They stated that this application was for a sunroom which will replace a poorly-built screened porch and was for a modification of a variance granted in 1989. The width will be increased to 15 feet, and a door will be closed up. Electricity and thermal windows will be installed; there will be no heat. 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. Negrin, seconded by Mr. Gunther the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. C. Iovenitti have submitted an application to the Building Inspector, together with plans, to construct a rear one-story unheated room on the premises located at 185 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Lot 177; and Zoning Board June 3 1992 Page 4 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(3) and 89-57 and WHEREAS, Mr. and Mrs. Iovenitti 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. A substantially similar variance was granted in November 1989; the circumstances appear to be quite similar. 2. There was a pre-existing structure in this location. 3. The proposed structure is two feet wider than the former structure, but this extension does not encroach into the rear yard. 4, The lot is irregularly shaped. 5. A sewer easement restricts the use of the lot. 6. The size of the addition will bring the house closer to conformance with the zoning of the area. 7. The rear neighbors live on a high hill above this house. 8. There is a large rock outcropping in the yard which further restricts the use of the property. 9. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 10. 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. 11. 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 Zoning Board June 3 1992 Page 5 FURTHER RESOLVED, that a variance is hereby granted and that Section 89-33 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow a rear one-story unheated room with a rear yard of 10.0 feet on the premises located at 185 East Hickory Grove and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Lot 177 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. 3 - CASE 2002 The Secretary read the application as follows. Application of W. Chris Gorman requesting a variance from Section 89-67 B to maintain a driveway with a side yard of 2.0 ft. where 5.0 ft. is required for a residence in an R-7.5 Zone District on the premises located at 160 Valley Stream Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 625. Mr. Gorman appeared on behalf of the application. He stated that the Gormans had unwittingly widened by nearly 5 feet the approximately 20 feet at the end of their 90-foot driveway to provide a finished surface beneath their children's basketball net. There is a hedge running to the garage on the side property line with trees behind it; the court area borders a neighbors' side yard. Mr. Gorman stated that with such a long driveway the court is not esthetically displeasing. He also stated that nine of the twelve driveways in his area do not meet the Zoning Code. 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. Zoning Board June 3 1992 Page 6 On motion of Mr. Wexler, seconded by Mr. Simon the following resolutions were unanimously adopted. WHEREAS, W. Chris Gorman has submitted an application to the Building Inspector, together with plans, to maintain a driveway on the premises located at 160 Valley Stream Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 625; 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 89-67 B and WHEREAS, Mr. Gorman 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 widened part of the driveway is only (+)20% of the total length of the driveway. 2. This area is 70 feet from the front property line; and, thus, causes a minimum intrusion while serving the needs of the applicant. 3. It is impractical to locate the play area of the driveway in any other part of the yard. 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 Zoning Board June 3 1992 Page 7 FURTHER RESOLVED, that a variance is hereby granted and that Section 89-67 B of the Zoning Ordinance be varied and modified so as to allow the rear 20 feet of the driveway with a side yard of 2.0 feet on the premises located at 160 Valley Stream Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 625 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. With the consent of the Board, Mr. Negrin reversed the order of the agenda as Application No. 4 was expected to take a long time. APPLICATION NO. 5 - CASE 2004 The Secretary read the application as follows. Application of Mr. and Mrs. J. Beck requesting a variance from Sections 89-34 B(2)(a) and 89-34 B(2) (b) to retain a one-story family room with a side yard of 6.81 where 10.0 feet is required and with a total side yard of 16.68 ft. where 20.0 ft. 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-7.5 Zone District on the premises located at 12 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Lot 151. Mark Mustacato, architect, appeared. He stated that this structure has existed for some time and had been a roofed, open porch. Mr. Mustacato stated that none of the Becks' neighbors had objections to the room. 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. Zoning Board June 3 1992 Page 8 On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously approved. WHEREAS, Mr. and Mrs. J. Beck have submitted an application to the Building Inspector, together with plans, to retain a one-story family room on the premises located at 12 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Lot 151; 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(2)(a) and 89-34 B(2)(b); and WHEREAS, Mr. and Mrs. Beck 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 enclosed prior to the Beck's purchase of the house 2. The enclosure is within the footprint of the house. 3. The enclosure is not detrimental to the community at large. 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(2)(a) and 89-34 B(2)(b) of the Zoning Ordinance be varied and modified so as to allow the a one-story family room with side yard of 6.81 feet and a total side yard of 16.88 feet on the premises located at 12 Echo Lane and known on the Tax Assessment Map Zoning Board June 3 1992 Page 9 of the Town of Mamaroneck as Block 117 Lot 151 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. * **is ADJOURNMENT Mr. Negrin adjourned the meeting at 9:21 PM and reopened it at 9:26. APPLICATION NO. 4 - CASE 2003 The Secretary read the application as follows. Application of Mr. and Mrs. G. Avelino requesting a variance from Section 89-33 B(3) to construct a rear addition with a rear yard of 7.35 ft. where 25.0 ft. is required. Further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 124 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 280. Mr. Simon recused himself from the application. Donald S. Mazin, attorney, and Mark Mustacato, architect, represented the applicants whose son and daughter-in-law were in attendance. Mr. Mustacato stated that the latest plan entailed removing a 96-square-foot porch and replacing it with a slightly differently located 96-square-foot dining room. This configuration will bring the front yard into conformity. Mr. Mazin demonstrated photos. He reiterated the elderly couple's hardship and desire to have a normal-sized dining room. The current patio will not be removed. Several neighbors appeared. Alan Wolf, 10 East Brookside Drive, stated that the Avelinost house was an oversized one on a small lot. He objected to another incursion. Michael O'Reilly reminded the Board that young Mr. Avelino had taken 3Z years to complete the construction on Little Farms Road. James Miller of 14 East Brookside Drive, the most-impacted neighbor, withdrew his objection. 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 Zoning Board June 3 1992 Page 10 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 approved. WHEREAS, Mr. and Mrs. G. Avelino have submitted an application to the Building Inspector, together with plans, to construct a rear addition on the premises located at 124 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 280; 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(3)and 89-57; and WHEREAS, Mr. and Mrs. Avelino 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 application is the fourth one made by this applicant. 2. The previous applications have increased the extent of the building, but this one is the minimum to relieve the burden. 3. This proposal will cause the building to be no closer to the rear lot line than it is currently; the footprint is no larger, also. 4. This plan has the benefit of bringing the front yard into conformance with the Zoning Code. 5. This proposal increases the rear lot line from 35.0 to 39.4. 6. The architecture will present itself to be smaller that what is there now. Zoning Board June 3 1992 Page 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 Sections 89-33 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the a rear addition with a rear yard of 7.35 feet on the premises located at 124 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 280 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 conditions shall attach to the variance. 1. Three 8-foot pines, 4-foot on center, shall be planted and maintained in the 7.35-foot yard. 2. The current screening on East Garden Road shall be maintained. 3. The window in the new extension on the wall facing the 7.35-foot setback shall be eliminated, and a window shall be placed in the wall facing the front of the house. 4. No exterior lights, except those required by the Zoning Code, shall be placed on the outside of the extension. 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. The Avelinos and Mr. Mustacato were requested to be scrupulous in protecting trees and shrubs during demolition and construction. Zoning Board June 3 1992 Page 12 FUTURE MEETINGS The Board scheduled its next two meetings; they will be June 24, and July 22, 1992. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 10:30 PM. Bonnie M. Burdick