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HomeMy WebLinkAbout1990_03_28 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK MARCH 28, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Lisa Parella, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:19 PM. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Gunther, the minutes for the meeting of January 24, 1990 were approved. Mr. Negrin circulated his copy of the February minutes for the Board to consider before the end of the meeting. APPLICATION NO. 1 - CASE 957 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Katz requesting variances fro the proposed construction of a pool with patio. The pool as proposed would be located within 10.0 feet of the rear lot line and the patio would be 6.0 feet from the rear lot line where 20.0 feet is required pursuant to Section 14-48 A(2) ; further the pool would be 8.5 feet and the pool patio would be 4.0 feet from the principal structure where 15.0 feet is required pursuant to Section 14-48 A(1) , in an R-20 Zone District, on the premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1448. Mrs. Katz had notified the Building Office that she was called out of town and asked for an adjournment. John Helmrich, 7 Wagon Wheel Road, objected to another delay and called the applicant's absence indication of bad faith. Mr. Wexler noted that the new drawings were incomplete. He could find no indication of, among other things, topography, height of the pool and dry wells. March 28, 1990 -2- On motion of Mr. Gunther, seconded by Mr. Kelleher, the Board voted unanimously to adjourn Case 957 to the next meeting. NEXT MEETING The Board decided that its next meeting would be Tuesday, April 24, 1990. APPLICATION NO. 2 - CASE 962 The Recording Secretary read the application as follows: Application of 21 North Chatsworth Owners Corp. , 21 North Chatsworth Avenue adjourned from the meeting of February 28, 1990. Vincent Ettari, P.E. , appeared on behalf of the application. Accompanying him were Kenneth Wanderer, President of the Corporation; Felicia Cradle and Agnes Doran, residents of 21 North Chatsworth; Lelia Valinsky and Madeline Dolphin, residents of 3 Washington Square and John Bonito, Managing Agent of 1 and 3 Washington Square. All of these people strongly supported the application. Mr. Hoffman informed the Board that the Planning Board was in favor of the enclosure as it is. Mr. Ettari read a statement which will become a part of the record. Mr. Wexler felt that the juniper plan was too regular and not "sympathetic". He suggested making the approval conditional upon the presentation of a landscape plan. 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. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, 21 North Chatsworth Avenue Owners Corporation has submitted an application to the Building Inspector, together with plans, to retain a cedar-fenced garbage enclosure on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 514; and March 28, 1990 -3- 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 89-39 B(1) , 89-39B (3)(b) and 89-57; and WHEREAS, 21 North Chatsworth Avenue Owners Corp. 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 Planning Board of the Town of Mamaroneck looked favorably at the enclosure as part of a site plan. 2. This site had been chosen by the Larchmont-Mamaroneck Joint Garbage Commission. 3. One possible site farther down the driveway is needed for the Fire Department's aerial ladder in an emergency. 4. The rear of the apartment house is pastoral. This enclosure would be less obtrusive as proposed than in the back. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. 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; and 7. 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 89-39 B(1) , 89-39 B(3)(b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a garbage enclosure on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 514 in strict conformance 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 March 28, 1990 -4- FURTHER RESOLVED, that the following conditions shall attach to the variance: 1. A complete landscaping plan shall be submitted to this Board for its approval. Included shall be a tree close to the enclosure and planting on three sides. 3. The plan shall be consistent with local vehicle and traffic laws. 2. The enclosure and shrubbery shall be permanently maintained by the Corporation. 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 967 The Recording Secretary read the application as follows: Application of Ms. J. Nowakowski requesting a variance from Section 89-34 B(3) to retain two rear decks. The first floor deck has a rear yard of 19.7 feet where 25.0 feet is required and the second floor deck has a rear yard of 10.9 feet where 25.0 feet is required, in an R-7.5 zone District, on the premises located at 5 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 347. Paul Donohue, attorney, appeared on behalf of the applicant. He explained that the property has a severe grade and that the use of decks is the only way the outdoors can be enjoyed. He apologized that the decks had been built without a permit. Mr. Kelleher and Mr. Gunther both felt that the hardship was a self-inflicted one and were unsympathetic to the situation. 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. March 28, 1990 -5- On motion of Mr. Wexler, seconded by Mr. Simon, the Board voted 3-2 to approve the following resolutions, Mr. Gunther and Mr. Kelleher opposed: WHEREAS, J. Nowakowski has submitted an application to the Building Inspector, together with plans, to retain two rear decks on the premises located at 5 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 347; 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 89-34 B(3) ; and WHEREAS, Ms. Nowakowski 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 topography does not allow the use of the rear yard. 2. The owner is not able to enjoy the yard properly. 3. There is a comparable deck next door. 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; and 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 89-34 B(3) of the Zoning Ordinance be varied and modified so as to allow the retention of two rear decks on the premises located at 5 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 347 in strict conformance 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 March 28, 1990 -6- FURTHER RESOLVED that the following condition shall attach to the variance: A line of rhododendrons shall be planted along the back of the upper deck to the height of the railing of the deck to screen the deck from adjoining 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. 4 - CASE 968 The Recording Secretary read the application as follows: Application of Mr. and Mrs. D. Miller requesting a variance from Section 89-32 B(1) to reduce the front yard from 40.0 feet required to 26.0 feet, in an R-15 Zone District, for the proposed construction of a deck in a defined front yard on the premises located at 1 Addee Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Parcel 297. Susan Silver (Mrs. Miller) appeared on behalf of the application. She explained that the house has three front yards and that the Millers seek to put the deck at the back of the house. They wish to replace a current deck with a slightly larger one. There are many rock outcroppings in the yard which makes it unsafe for children to play. 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. D. Miller have submitted an application to the Building Inspector, together with plans, to construct a deck in a defined front yard on the premises located at 1 Addee Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Parcel 297; and March 28, 1990 -7- 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 89-32 B(1) ; and WHEREAS, Mr. and Mrs. Miller 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 terrain and topography do not lend themselves to any other type of development. 2. Normally, this yard would be considered as a back yard. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 41) 4. 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; and 5. 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 89-32 B(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a deck in a defined front yard on the premises located at 1 Addee Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Parcel 297 in strict conformance 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 be attached to the variance: Shrubs shall be planted along the back base of the deck parallel to Bonnie Way. • March 28, 1990 -8- 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 969 The Recording Secretary read the application as follows: Application of Mr. and Mrs. R. Baumbusch requesting a variance for the proposed construction of a pool with patio. The pool and patio would be located 10.0 feet from the existing house, 0.0 feet from an existing deck and 11.0 feet from the side lot line where 15.0 feet is required at those locations pursuant to Section 14-48 A-1, in an R-15 Zone District, on the premises located at 6 Highridge Road and known on the Tax Assessment Map of the Town Assessment Map of the Town of Mamaroneck as Block 213 Parcel 562. Mr. Baumbusch appeared on behalf of his application. He stated that his yard had a difficult topography and that the pool is no closer to the side lot line than his house. Mr. Baumbusch stated that he had discussed his plans with his neighbors and that none had complained. 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. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. R. Baumbusch have submitted an application to the Building Inspector, together with plans, for the construction of a pool with patio on the premises located at 6 Highridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 562; 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 14-43 A-1; and March 28, 1990 -9- WHEREAS, Mr. and Mrs. Baumbusch 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 topography necessitates an irregular plan. 2. This arrangement is less imposing than a more traditional arrangement. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. 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; and 5. 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 14-48 A-1 of the Zoning Ordinance be varied and modified so as to allow the construction of a pool with patio on the premises located at 6 Highridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 562 in strict conformance 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 be attached to the variance. The applicant shall work with the Building Inspector to place the pool equipment away from the neighbor's house. 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 March 28, 1990 -10- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Gunther, the minutes of the meeting of February 28, 1990 were approved as corrected. On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of the meeting of October 26, 1989 were approved. ZONE CHANGES The Board continued its discussion of changes to the Zoning Ordinance. The focus was on fences, pools and decks. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 11:30 PM. Bonnie M. Burdick