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HomeMy WebLinkAbout1992_03_24 Zoning Board of Appeals Minutes D RAFT MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK MARCH 24, 1992, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman R� Patrick E. Kelleher MA Patrick Nina Recio 39 pA x993 J. Rene Simon y AA•DIClCCC10 Arthur Wexler 49A44LfR NY.NECK Also Present: Nancy Rudolph, Counsel William Jakubowski, Building Inspector Laurie Fletcher, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 8:12 PM. He welcomed the new member, Nina Recio, and announced Mr. Kelleher's reappointment until 1998. APPLICATION NO. 1 - CASE 2047 The Secretary read the application as follows. Application of Carl Carilli, 59 West Garden Road, adjourned from February 24, 1993. William Widulski, engineer, appeared for the applicant. He explained that the third floor dormer had been removed, the outside stairway would be filled in, there would be changes in the kitchen windows and in the doors to the rear. Mr. Widulski stated that the height of the roof was restricted by this Board. He also stated that much of the garage is below grade level and that the property has a six-foot retaining wall in the front. The neighbors in attendance, the Messrs. Peck, Tortorella and McKeon, felt that these plans were an improvement. After review, on motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were proposed and adopted 4-0-1, Ms. Recio abstaining. 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 24, 1993 -2- On motion of Mr. Kelleher, seconded by Mr. Wexler, the following resolutions were adopted 4-0-1, Ms. Recio abstaining. WHEREAS, Carl Carilli has submitted an application to the Building Inspector, together with plans to alter the roof plan on the premises located at 59 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 46; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with Condition No. 1 in the Certification filed with the Town Clerk on June 4, 1992 with particular reference to Section 89-77 C; and WHEREAS, Mr. Carilli submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The applicant has addressed the concerns of this Board. 2. 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. 3. 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. 4. 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 Carl Carrili for a variance from Section 89-77 C for an altered roof plan on the premises located at 59 West Garden Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 46 be and the same is granted, subject to the following conditions. Zoning Board of Appeals March 24, 1993 -3- 1. A line of screening of evergreens, six-feet high, shall be planted along the rear property line for its full extent, six-feet on center. 2. The applicant shall complete the building in strict compliance with the plans filed with this application and the conditions set forth in the Certificate of Variance entered June 4, 1992. He shall comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 3. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 2 - CASE 2053 The Secretary read the application as follows. Application of Frank Aurrichio, 5 & 633-35 Fifth Avenue, adjourned from February 24, 1993. Appearing with Mr. Aurrichio were Roland Berlingo and Charles McGooey, lawyers, Robert Stanziale, architect, and Dan Carillo, realtor. They reiterated the plans to combine the two pieces of property into a parking lot and maintenance garage for Beechmont Bus Service. Mr. Carillo stated that he had made a diligent effort to sell the property for $2.1 million, and Mr. Berlingo submitted a letter from Frank Aurrichio stating that he had lost $240,000 as a result of poor health, of cutting back his business, of non-paying tenants and of a bad economic climate. Mrs. Rudolph reiterated the four steps which must be met for a use variance emphasizing the need to demonstrate the deprivation of all economic use. Ms. Recio asked for more details of the real estate marketing - how frequent were ads, where advertised, circulation, etc. , and Mr. Gunther asked for copies of appraisals of the property. Leah Vaccaro and Wynne Stern of the Carleton House appeared. They commented about the crush of traffic in the morning and stated that they had not been notified of this meeting. Mr. Gunther requested a profit and loss statement and stated that other businesses had submitted similar information. Ms. Recio asked for information about worker's shifts. With consent of the applicant, on motion of Mr. Simon, seconded by Mr. Kelleher, this matter was adjourned until the next meeting. Zoning Board of Appeals March 24, 1993 -4- NEXT MEETING The next meeting of this Board will be April 28, 1993. APPLICATION NO. 3 - CASE 2055 The Secretary read the application as follows. Application of Mr. and Mrs. Allan Harris requesting variances from Sections 89-33 B(2)(a) and 89-33 B(3) to enlarge an existing deck causing a side yard of 8 ft. 11 in. where 10.0 ft. is required and a rear yard of 20 ft. 11 in. 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 56 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Lot 151 Jefferson Meighan, attorney, appeared for the applicants. He stated that the Harris' yard slopes to the back and from right to left. Enlarging the deck and relocating the stairs would make a safer, more attractive platform. The rear neighbors are well screened, and the two side neighbors submitted letters in favor of the proposal. After review, on motion of Mr. Wexler, 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. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were adopted unanimously. WHEREAS, Mr. and Mrs. Allan Harris have submitted an application to the Building Inspector, together with plans to enlarge an existing deck on the premises located at 56 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 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 89-33 B(2)(a), 89-33 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Harris 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; Zoning Board of Appeals March 24, 1993 -5- 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 side yard variance requested is less than two feet, and the deck will extend less into the side yard than the house itself. 2. The rear yard variance requested is less than five feet. 3. The additional five feet of deck is approximately the footage necessary to provide for the stairs of the deck to be placed at a more practical location than the existing ones. 4. The stairs on the proposed deck would be more esthetically pleasing and safer than those on the existing, conforming deck. 5. The granting of these variances is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 6. The variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 7. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the 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. Allan Harris for variances from Sections 89-33 B(2)(a), 89-33 B(3) and 89-57 for a deck with a side yard of 8 feet 11 inches and a rear yard of 20 feet 11 inches on the premises located at 56 Holly Place, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Lot 151 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. Zoning Board of Appeals March 24, 1993 -6- APPLICATION NO. 4 - CASE 2056 The Secretary read the application as follows. Application of Mr. and Mrs. George Homer requesting variances from Sections 89-35 B (1) and 89-35 B(3) to maintain a garage and porch. The garage has a front yard of 25.6 ft. where 30.0 is required, and the porch has a front yard of 29.6 ft. where 30.0 ft. is required and a rear yard of 21.0 ft. where 25.0 ft. is required. Further, the structure 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 4 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 391. Joe Reilly, architect, appeared with Mr. Homer. They explained that eighteen years ago a permit had been taken out for a screened porch but no Certificate of Occupancy was issued. The enclosure, constructed in error without a permit, was built three years ago. After review, on motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were proposed and adopted unanimously. RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; 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 adopted unanimously. WHEREAS, Mr. and Mrs. George Homer have submitted an application to the Building Inspector, together with plans to maintain a garage and porch on the premises located at 4 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 391; 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(1), 89-35 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Homer 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: Zoning Board of Appeals March 24, 1993 -7- 1. The property is burdened by three front yards. 2. The variance requested for the existing garage is less than five feet, and the garage's location below grade has minimum visual impact on the neighborhood. 3. It would present an undue financial hardship to remove the garage. 4. It was represented that a smaller, yet conforming, garage would be unusable. 5. The enclosed porch requires a front yard variance of less than one foot at a point which is essentially at the side of the house. 6. The enclosed porch variance of less than one foot is de minimis, and the location of the garage appears to be the most practical location on the property. 7. The rear yard variance for the enclosed porch as proposed would be approximately four feet. 8. The enclosed porch to the rear property line intrudes no further into the rear yard than the garage. 9. Removal of the enclosed porch would present an undue financial hardship. 10. The integrity of the enclosed porch and garage conform to other houses in the Town of similar design. 11. 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. 12. 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. 13. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. George Homer for variances from Sections 89-35 B(1), 89-35 B(3) and 89-57 for a garage with a front yard of 25.6 ft. and a porch with a front yard of 29.6 feet and a rear yard of 21.0 ft. on the premises located at 4 Kenmare Road, said premises being known and designated on the Tax Zoning Board of Appeals March 24, 1993 -8- Assessment Map of the Town of Mamaroneck as Block 409 Lot 391 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. **J APPLICATION NO. 5 - CASE 2057 The Secretary read the application as follows. Application of Paul Eckstein requesting an extension of time for a variance from Section 89-30.1 C(1) granted March 28, 1991 which permitted a two-story rear addition and deck with a side yard of 15.0 ft. where 20.0 ft. is permitted for a residence in an R-30 Zone District on the premises located at 33 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Lot 102. Mr. Eckstein appeared and explained that he was doing the work himself and agreed to have the exterior structure built by next winter. 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; FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore, requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, Paul Eckstein has submitted a request to the Building Inspector for extension of the period of time for a variance to build a two-story rear addition on the premises located at 33 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Lot 102; 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 C(1); and Zoning Board of Appeals March 24, 1993 -9- WHEREAS, Mr. Eckstein submitted an application for a extension of the variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variance sought is granted. 1. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 2. 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. 3. 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. NOW, THEREFORE, BE IT RESOLVED, that a variance, which was previously granted by Board Resolution entered on March 28, 1991 is extended and is continued to modify Section 89-30.1 C(1) of the Zoning Ordinance on the premises located at 33 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Lot 102 in strict compliance with the plans filed with this application and with conditions set forth in the Certificates of Variance entered August 22, 1991, which is incorporated by reference herein, provided that the applicant 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. The applicant shall make his best effort to enclose the structure by December 21, 1993. FURTHER RESOLVED, that the applicant shall renew a building permit immediately upon 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 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. Zoning Board of Appeals March 24, 1993 -10- APPLICATION NO. 6 - CASE 2058 The Secretary read the application as follows. Application of View, Ltd. requesting a variance from 89-30 B(3) for additions. The open-air arbor and indoor pool would have a 27.2 ft. rear yard where 50.0 ft. is required; the second-floor bedroom would have a rear yard of 22.6 ft. where 50.0 ft. is required and the second-floor kitchen has a rear yard of 35.0 ft. where 50.0 ft. is required. The 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-50 Zone District on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 510 Lot 100. Geoffrey Young, attorney, appeared with Dean Davis, architect; Daniel Natchez, environmentalist; and Kevin Carpenter, superintendent of the project. Mr. Young explained that the renovated house would be the primary residence of Ambassador Fernandez of Mozambique and his family. The house was built in the late 1890's and is much the same today. The area was recently re-zoned as R-50 necessitating the variances. Much of the proposed additions would be built on existing foundations. Mr. Natchez claimed that there would be little environmental impact and that the house was not historically important. He stated that the existing drainage system would be used. During construction, trucks would park on the tennis court. Mr. Davis stated that his aim was to build onto the house in a balanced was, save trees and restore the house to its original beauty. Mr. Wexler commended Mr. Davis on his work. On motion of Mr. Gunther,seconded by Mr. Wexler, the Board stated unanimously that it was its intent to declare the Zoning Board the Lead Agency and that the View, Ltd. application would be a Type I Action leading to a Negative Declaration. On motion of Mr. Gunther, seconded by Mr. Wexler, the Board referred this application to the Coastal Zone Management Commission. It was the consensus of the Board that it would be in favor of the variances requested by View, Ltd. With the consent of the applicant, on motion of Mr. Kelleher, seconded by Mr. Simon, the application of View, Ltd. was adjourned to the next meeting. Zoning Board of Appeals March 24, 1993 -11- APPLICATION NO. 7 - CASE 2059 The Secretary read the application as follows. Application of Mr. and Mrs. Robert McKeon requesting a variance from Section 89-67 B to maintain the reduction to one off-street parking space by conversion of a part of the garage to habitable space and to use the driveway for an unenclosed, off-street parking space 10.2 ft. from the street where 25.0 ft. is required in an R-6 Zone District located on the premises at 106 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 830. Mr. and Mrs. McKeon appeared. They stated that they had a growing family and that a Pelham builder had converted their garage to a family room without benefit of building permit. Therefore, it is necessary to park in the driveway closer to the road than is allowed. After review, on motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were proposed and adopted unanimously. RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; 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 adopted unanimously. WHEREAS, Mr. and Mrs. Robert McKeon have submitted an application to the Building Inspector, together with plans to maintain the reduction to one off-street parking space by conversion of a part of the garage to habitable space and to use the driveway for an unenclosed, off-street parking space on the premises located at 106 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 830; 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 WHEREAS, Mr. and Mrs. McKeon submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; Zoning Board of Appeals March 24, 1993 -12- 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 square footage of the living area of the house is smaller in comparison with other houses in this area. 2. The garage was converted to a playroom without a permit. 3. The property is unusually shaped. 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 and/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Robert McKeon for a variance from Section 89-67 B for use of part of the garage as habitable space and to use the driveway for an unenclosed off-street parking space 10.2 from the street on the premises located at 106 West Garden Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 830 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 8 - CASE 2060 Application of Louis Milazzo requesting variances from Sections 89-35 B(2)(a) and 89-44 A to maintain a rear roofed-deck with a side yard, at • Zoning Board of Appeals March 24, 1993 -13- its closest point, of 7.7 ft. where 8.0 ft. is required and a concrete patio with side and rear yards of 1.0 ft. respectively where 5.0 ft. is required for each. Further, the alteration 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 135 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 360. Mr. Milazzo appeared. He stated that the original blueprints do not match his house as he bought it and that it was his aim to bring it up to code. 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. Wexler, seconded by Mr. Gunther, the following ® resolutions were adopted unanimously. WHEREAS, Louis Milazzo has submitted an application to the Building Inspector, together with plans to maintain a rear-roofed deck and a concrete patio on the premises located at 135 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 360; 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), 89-44 A and 89-57; and WHEREAS, Mr. Milazzo 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 patio has been in existence for over twenty years. 2. It has not been a source of complaints from neighbors as a source of surface water runoff or for any other reason. • Zoning Board of Appeals March 24, 1993 -14- ® 3. The patio has served as a game area for the present owner over the years. It has a minimal size for this purpose. 4. The required reduction of the patio to make it conform with the required setback would render it useless as a play area and would result in its being completely removed. 5. The area of the encroachment is about four square feet or .01% of the area in the side yard. 6. The applicant bought the property with these improvements and has made all best efforts to comply with zoning ordinances. 7. 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. 8. 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. 9. 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 Louis Milazzo for variances from Sections 89-35 B(2)(a), 89-44 and 89-57 for a deck with a side yard of 7.7 ft. and a concrete patio with 1.0 side and rear yards respectively on the premises located at 135 Laurel Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 360 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. n n n n n Zoning Board of Appeals March 24, 1993 -15- APPROVAL OF MINUTES On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of February 24, 1993 were approved by a vote of 4-0-1, Ms. Recio abstaining. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Kelleher, the meeting was adjourned at 11:59 PM. Bonnie M. Burdick