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HomeMy WebLinkAbout1995_03_01 Zoning Board of Appeals Minutes --12) MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF TOWN OF MAMARONECK MARCH 1, 1995, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSSTON POST ROAD NQfMARCRiEC K, NEW YORK7411, 4 Present: lamas E. Gunther, Chairman RECEIVED Patrick J. Kelleher MAR i 1995 Nina Recio ,4 J. Rene Simon PAIRIC_U�„A. f '" _' s Arthur Wexler O1 Tow^+^r. Also Present: John Kirkpatrick, Counsel $ William E. Jakubowski, Building Inspector Lisa Parilla, 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 7:49 PM. APPLICATION NO. 1 - CASE 2137 (and 2150) The Secretary read the application as follows. Application of John Eckes and Penny Rosenberg requesting variances from Sections 89-35 B (2) (a) and 89-35 B(2) (b) to construct a side addition with a side yard of 4.0 ft. where 8.0 ft. is required and a total side yard of 15.6 ft. where 18.0 ft. is required. Further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57, and a variance is requested fram Section 89-67 B for the required off-street parking space which would be 13.43 ft. from the front lot line where 25.0 is required for a residence in an R-6 Zone District on the premises located at 60 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 423. John Weiss, builder, appeared with Mr. Eckes and Ms. Rosenberg. He reminded the Board that it had had a problem with the plan discussed November 8, 1994 and stated that changes had been made accordingly. The addition had been pulled back; and, in this plan, moved out one foot more into the side setback. Mr. Weiss stated that the construction would be placed on a rat slab with piers, and Ms. Rosenberg demonstrated a picture with two cars parked to show how cars would fit with the proposed construction in place. She stated that a driveway is next to their driveway, and Mr. Jakubowski stated that the house to the East, 62 Hillcrest, is set back farther than 60 Hillcrest and that 58 Hillcrest, to the West, is also set back farther than 60 Hillcrest. Zoning Board of Appeals March 1, 1995 -2- Mr. Weiss emphazized that the current shrubbery on the side lot line would remain. Board members commented that the house is small and that it would be helped visually by the addition. Several neighbors spoke favorably for the application. 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 ADO WED 4-1, Ms. Recio opposed. WHEREAS, John Eckes and Penny Rosenberg submitted an application to the Building Inspector, together with plans to construct a side addition on the premises located at 60 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 423; 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), 89-35 B(2) (b), 89-67 B and 89-57; and WHEREAS, Mr. Eckes and Ms. Rosenberg 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 addition is consistent with the house and in keeping with the neighborhood. 2. An addition of this type is particularly compatible with the other houses on Hillcrest Avenue Zoning Board of Appeals March 1, 1995 -3- 3. 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. 4. The variances are the minimtm, 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. 5. 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 John Eckes and Penny Rosenberg for variances from Section 89-35 B(2) (a) for a side yard of 4.0 feet and from Section 89-35 B(2) (b) for total side yard of 15.6 feet to construct a side addition, from Section 89-67 B for parking space 13.43 feet fran the front lot line and fran Section 89-57 located at 60 Hillcrest Avenue said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 423 be and the same is granted, subject to the following conditions. 1. The natural screening of bushes at the side property line next to the addition shall be maintained. 2. 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. 3. 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. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 2 - CASE 2146 The Secretary read the application as follows. Application of Eugene and Bonnie Pressman, 209 Hammocks Road, adjourned from January 25, 1995. Albert Pirro, Jr., attorney, and Douglas Larson, architect, appeared. Mr. Pirro entered an affidavit of Marvin Badin, son of Rita, who had lived at this house previously and agreed that he had received a letter fran Mr. Jakubowwski spelling out his interpretation of the wall use. Mr. Pirro and Mr. Wexler explained to the Board that each had withdrawn Mr. Wexler's name for consideration of a project at Mr. Pirro's residence. Zoning Board of Appeals March 1, 1995 -4- Mr. Wexler was disappointed that no modified wall plan had been made, and Mr. Pirro stated that no understanding could be reached with the impacted neighbors. Mr. Wexler stated that this situation was a complicated problem on a sensitive street and that if the Board gave conditions it would be designing a wall for the applicant. Mr. Simon recommended that the individuals present for the applicant take a good look at the very attractive wall at the corner of Hammocks Road. Ms. Recio stated that the wall as proposed would be massive structure and that she could not think of any precedent in the Town. She stated that no real evidence of intrusiveness had been presented. A letter stating a desire for privacy had been entered, but she felt that the proposal would create a fortress. Richard Hoffman, of 205 Hammocks was present with his wife Gail. He stated that he had lived there since 1978 and that the neighborhood had been a happy, familial group until the Pressman's moved in. He had not complained about any of the Pressman's previous construction at the site but felt compelled to object strongly to the proposed wall. He was concerned for the visual impact, his neighbors' loss of view and, most particularly, vehicular safety, particularly in bad weather. Mrs. Hoffman likened the proposed wall to Dannemora prison. After review, on motion of Mr. Wexler, seconded by Ms. Recio, 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 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 proposed and adopted unanimously WHEREAS, Eugene and Bonnie Pressman have submitted an application to the Building Inspector, together with plans, to construct a front stone wall and to replace a side wall topped by a fence with a new stone wall on the premises located at 209 Hammocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 107; 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 89-44D; and Zoning Board of Appeals March 1, 1995 -5- WiS, Mr. and Mrs. Pressman 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 as follows: 1. The applicant did not make a persuasive case that the benefit to the applicant would outweigh the detriment to the neighborhood; 2. This Board is required to grant the minimum variance necessary to alleviate a problem. The solution presented does not meet this standard, as there are less grandiose means available to resolve the applicants' need. 3. No explanation was offered of problems with the neighbors' use of the reserve strip, to the extent that would warrant a variance. Conversely, at least one neighbor testified that there was very little use of the reserve strip. 4. The requested variance would cause a negative impact visually to all neighbors and in terms of safety for the Hoffmans. NOW, FORE, BE IT RESOLVED, that an application to the Board by Eugene and Bonnie Pressman for variances from Section 89-44 D to construct a front stone wall and to replace a side stone wall topped by a fence with a stone wall located at 209 Hammocks Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 107 be and the same is DENIED. APPLICATION NO. 3 - CASE 2152 The Secretary read the application as follows. Application of Thomas and Rosemary Dufficy, 44 Echo Lane, adjourned from January 25, 1995. Thomas Dufficy : •y=- ed accompanied by Mrs. Dufficy. He stated that a deck had been in ()place for seven years and that the applicants wanted to extend to the est. Ms. Recio noted that there are driveways on either side of the Dufficy's property. After review, on motion of Mr. Gunther, seconded by Ms. Recio, the following resolutions were proposed and adopted unanimously. Zoning Board of Appeals March 1, 1995 -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. Gunther, seconded by Mr. Kelleher, the following resolutions were adopted unanimously. WHEREAS, Thomas and Rosemary Duff icy have submitted an application to the Building Inspector, together with plans to replace a rear deck on the premises located at 44 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Lot 125; and WAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Tawn of Mamaroneck Zoning Ordinance with particular reference to Sections 89-34 B(2) (a) , 89-34 B(2) (b) and 89-57; and WHEREAS, Mr. and Mrs. Dufficy 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 variance sought is granted and also finds as follows: 1. The rear yard slopes up from the house. A deck provides greater utilization of the yard for the owner. 2. The addition does not cause any further intrusion into the side setback on the east side. 3. The area of the deck near the side lot line is low and, therefore, not intrusive to the neighbors. 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 the character of the neighborhood and the health, safety and welfare of the community. Zoning Board of Appeals March 1, 1995 -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 variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Thomas and Rosemary Dufficy for variances from Section 89-34 B(2) (a), 89-34 B(2) (b) and 89-57 for one side yard of 4.5 feet, for the second side yard of 9.6 feet and total side yard of 14.1 feet located at 44 Echo Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Lot 125 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 M). 4 - CASE 2153 The Secretary read the application as follows. Application of Thomas and Elana Roche requesting variances from Sections 89-35 B(1) and 89-44 D to enclose an open porch for a roam and to maintain a 7-foot high combination retaining wall and fence. Further, the increased intrusion increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-6 Zone District on the premises located at 70 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 408. Mr. and Mrs. Roche appeared. They stated that they had bought their house two years ago and that it had been in poor condition. At that time the porch in question had been enclosed. Mr. Jakubowski stated that screens had been in place. The Roches wish to make a roan by installing windows, electricity etc. Mr. Roche stated that he had installed a fence, replacing a dilapidated one, on top of the existing retaining wall for safety purposes as the family includes a young child, and there is a pronounced drop to the neighbors' yard Several neighbors stated that the Roches had made major improvements to what had been an unattractive house and that they were in support of the application. Zoning Board of Appeals March 1, 1995 -8- After review, on motion of Mr. Gunther, seconded by Ms. Recio, 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. Simon, seconded by Mr. Kelleher, the following resolutions were adopted unanimously. Wes, Thomas and Elana Roche have submitted an application to the Building Inspector, together with plans to enclose a porch and to maintain a 7-foot high combination retaining wall and fence on the premises located at 70 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 408; and WHETS, 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 89-44, 89-44 B(1) and 89-57; and WAS, Mr. and Mrs. Roche submitted an application for variances to this Board for the reasons set forth in such application; and WAS, 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 enclosure makes no change to the footprint of the building. 2. The lot is substandard; and, with the addition of the enclosed porch, the house becomes closer in size to the ideal set forth in the Code. 3. The addition of a fence to the retaining wall ameliorates a dangerous situation. 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. Zoning Board of Appeals March 1, 1995 -9- 5. The variances are 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. 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. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Thomas and Elana Roche for variances from Section 89-35 B(1), 89-44 D and 89-57 to enclose a porch for a room and to maintain a 7-foot high combination retaining wall and fence located at 70 Hillcrest Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 408 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 NJ. 5 - CASE 2154 The Secretary read the application as follows. Application of Mr. and Mrs. Michael LaGamma requesting variances from Section 89-35 B(2) (a) to construct a rear deck with a side yard of 3.0 ft. where 8.0 ft. is required and from Section 89-57 to increase the extent by which the building fails to meet such area requirements for a residence in an R-6 Zone District on the premises located at 27 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 183. Mr. LaGamma appeared. He stated that the deck would enhance their use of the yard and that the concrete steps at the back would be covered up by the proposed deck. 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 Zoning Board of Appeals March 1, 1995 -10- State or corresponding local law, therefore, requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was ADOPTED, unanimously. WAS, Mr. and Mrs. Michael LaGannna have submitted an application to the Building Inspector, together with plans, to construct a rear deck on the premises located at 27 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 183; 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 89-57; and WBEREh.S, Mr. and Mrs. LaGattma 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; 460 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 variance sought is granted and also finds as follows: 1. The deck is farther from the side lot line than is the house. 2. The encroachment is not intrusive to either side neighbor as there are sizable distances free► the deck to either neighbor's house. 3. The deck is necessary for rear egress.. 4. 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. 5. 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. 6. The strict application of the Zoning Ordinance and the Town Code would deprive the applicant of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. Zoning Board of Appeals March 1, 1995 -11- NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Michael Taramm,i for a variance fran Section 89-35 B(2) (a) for a deck with a side yard of 3.0 feet on the premises located at 27 Weaver Street, said premises being known and designated on the Tax Assessment Map of the Tawn of Mamaroneck as Block 410 Lot 183 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. 6 - CASE 2155 The Secretary read the application as follows. Application of Anthony Mercurio, Jr. requesting a variance from Section 89-44 D to construct a 6.0 ft. high fence where 4.0 ft. is the maximum permitted for a residence in an R-6 Zone District on the premises located at 5 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 20. Mr. Mercurio appeared with Sarah Watson. He stated that, to satisfy his mortgage holder, he had removed a fence which had been in place for 50 years. Both he and his neighbor wish to replace it for privacy and as a noise barrier. Mr. Mercurio stated that the fence would not be visible fran the street. Mr. Kelleher recalled sitting in the back yard with the previous owner and stated that it was a good fence. Betty Jane Smith, the impacted neighbor at 3 Kenmare Road, stated that the replacement of the fence was necessary. 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 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 of Appeals March 1, 1995 -12- On motion of Mr. Simon, seconded by Mr. Kellehar, the following resolutions were ADOPTED unanimously. WHEREAS, Anthony Mercurio, Jr. has submitted an application to the Building Inspector, together with plans to construct a 6-foot fence on the premises located at 5 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 20; and iBEREAS, 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 D; and WIGS, Mr. Mercurio submitted an application for a variance to this Board for the reasons set forth in such application; and iBEREAS, 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; and WIC, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land far outweighs any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The fence will replace one first put in place in 1920. 2. A need for privacy between this house and its neighbor still exists. 3. The house is located on a substandard lot. 4. 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. 5. 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. 6. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/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 Anthony Mercurio, Jr. for a variance from Section 89-44 B for a 6.0-foot fence located at 5 Kenmare Road, said premises being known and designated on the Tax Zoning Board of Appeals March 1, 1995 -13- Assessment Map of the Town of Mamaroneck as Block 409 Lot 20 be and the same is granted, subject to the following conditions. 1. The fence shall be limited to the side lot line from the front corner of the house to the rear lot line. 2. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution 3. 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. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 7 - CASE 2156 The Secretary read the application as follows. Application of Mr. and Mrs. Kenneth Jacobson requesting variances from Sections 89-32 B(2) (a) and 89-32 B(2) (b) to maintain an enclosed roan with a side yard of 9.4 ft. where 10.0 ft. is required and total side yard of 28.2 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, and a variance is requested fran Section 89-44 A for the patio with a side yard of 1.5 ft. where 5.0 ft. is required for a residence in an R-15 Zone District on the premises located at 40 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 206 Lot 315. Dolores A. Battalia, attorney appeared with the Jacobsons. She stated that the house had been built in 1938 or 1939 and, it is believed, prior to 1952 an open porch was enclosed. The Jacobsons bought the house in 1978 and thought the porch was legal. This encroachment is minimal in nature, stated Mrs. Battalia, and has no impact on the neighbors. The patio, which is ground level, was not on a survey in 1952; but had been installed by 1978. After review, on motion of Mr. Gunther, seconded by Mr. Kelleher, 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. Zoning Board of Appeals March 1, 1995 -14- On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were adopted unanimously. WHEREAS, Mr. and Mrs. Kenneth Jacobson have submitted an application to the Building Inspector, together with plans to maintain an enclosed roan and to legalize a patio on the premises located at 40 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 206 Lot 315; 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 89-32 B(2) (a) , 89-32 B(2) (b), 89-44 A and 89-57; and WH1REAS, Mr. and Mrs. Jacobson 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 enclosed porch and the patio existed at the time of the applicant's purchase. 2. The variances requested are de minimus in nature. 3. The house is burdened by an irregularly shaped, corner lot. 4. The granting of these variances is in harmony with the general purpose 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 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. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Kenneth Jacobson for variances from Section 89-32 B(2) (a) , 89-32 B(2) (b), Zoning Board of Appeals March 1, 1995 -15- 89-44 A and 89-57 for a side yard of 9.4 feet and total side yard of 28.2 for the roam and a side yard of 1.5 feet for the patio located at 40 Mohegan Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 206 Lot 315 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. APPOINTMENT Mr. Jakubowski announced that his assistant, Michelle Bonsteel, has been appointed the Building Inspector of the Village of Dobbs Ferry. The Board Members wished her good luck in her new job. NEXT MEETING It was decided to hold the next meeting on Wednesday, March 29, 1995. APPROVAL OF MINUTES On motion of Mr. Gunther, seconded by Ms. Recio, the minutes for September 1994, October 1994 and November 1994 were approved unanimously ADJOURNMENT On motion of Mr. Simon, seconded by Mr. Kelleher, the meeting was adjourned at 10:05 PM. Bonnie M. Burdick, Recording Sec'y