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HomeMy WebLinkAbout1992_03_29 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK MARCH 29, 1992, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman RECEIVED Thomas E. Gunther Patrick E. Kelleher MAY 6 1992 J. Rene Simon PATRICIA A.DICIOCCID Arthur Wexler JAMARONECK N.Y. 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 8:20 PM. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned to meet in executive session in Conference Room B. Mrs. Rudolph briefed the Board on the legal issues involved in the Avelino and Carilli applications. She explained the alternatives if the Board remains deadlocked on the Carilli application. The meeting was reopened at 8:45 PM. Mr. Negrin reminded the Board about the zoning seminars and congratulated Mr. Gunther upon his reappointment to the Zoning Board. APPLICATION NO. 1 - CASE 1077 Application of Carl Carilli, 59 West Garden Road, adjourned from January 29, 1992. William Widulski, engineer, appeared with Mr. Carilli. He reiterated his arguments and demonstrated the profile drawings. Mr. Widulski explained the history of the ownership of the properties and agreed that for several months there had been ownership under one title. Neighbors appearing were John O'Neil, 32 Fernwood Road and Sharon Holmgren, 62 West Garden Road. Alos appearing were Richard Tortorella, Walter Levy, Philip Strenger and Hayden Smith. Among other things, they were distressed that no scaled-down drawings had been submitted and enumerated the size of nearby lots. On motion of Mr. Gunther, seconded by Mr. Kelleher, the interpretation of Section 89-58 A by the Building Inspector was sustained by a unanimous vote. March 29, 1992 -2- On motion of Mr. Gunther, seconded by Mr. Wexler, the following resolutions were unanimously adopted. WHEREAS, Carl Carilli has submitted an application to the Building Inspector, together with plans, to construct a new dwelling 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 the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-35 A-2; and WHEREAS, Mr. Carilli 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; and WHEREAS, this Board has previously sustained the Building Inspector's interpretation of Section 89-58 A that the applicant does not have as-of-right permission to build a house on this lot. NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The lot was purchased in good faith, and has paid taxes as a separate buildable lot since 1983. The applicant understood that he had the right to build a house on this lot. 2. There would be no alternative use of the property other than the sale of the property to adjacent owners. 3. In an R-6 Zone District, this property has 6800 square feet, a depth of 136 feet, a front yard setback of 32 feet" and a 44-foot rear yard, each of which is more than required. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. March 29, 1992 -3- 5. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 6. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-35 A-2 of the Zoning Ordinance be varied and modified so as to allow a new dwelling with a frontage of 50.1 feet and a width of 50 feet 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 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 this variance: 1. Any building that is erected on Lot 46 shall be what was represented in the plans submitted to this Board with the exception that it shall be 1 foot less in height. 2. The Building Inspector shall inspect the excavation prior to construction of the foundation to ascertain that it is as deep as is practical. 3. The usual procedures for blasting shall be observed in accordance with the Fire Prevention Code Sections 27-22 through 27-26. 4. The house shall be limited in height to 27 feet from the average first-floor height to the highest point of the roof. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 2 - CASE 1085 Application of Gerard Avelino, requesting variances from Sections 89-33 B(1) & B(3) to construct an addition with a front yard of 21.05 ft. where March 29, 1992 -4- 30.0 ft. is required and a rear yard of 12.05 ft. where 25.0 ft. is required. This is subject to the Building Inspector's Interpretation of Definitions, "Lot, Corner", Section 89-3. Further, the addition increases the extent by which the structure is nonconforming 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 had recused himself from this application. ) Mark Mustacato, architect, and Donald Mazin, attorney, represented Mr. Avelino. Mr. Mustacato had submitted a third plan for this application and explained the new one has a floor area 10% less than the previous proposal. The Avelino's personal difficulties were reiterated, and it was stated that this design meets the needs of the applicants and those of the neighbors. Neighbors appearing in opposition were: Allan Wolf, 10 East Brookside Drive; Jim Miller, 14 East Brookside, Robert Conkling, 130 East Garden Road; and Michael O'Reilly, 126 East Garden. They continued to question the practical difficulty. Mr. Mazin stated that this Board would not be setting a precedent granting a variance as this applicant was burdened with a corner lot, an irregularly shaped lot, a shallow lot; and because there is a tremendous front yard setback on Brookside Drive. He stated that the existing screening is dense and that several additional trees would be planted for screening. 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 stated, with some indignation, that he would have recused himself had he felt that he had a conflict of interest. On motion of Mr. Kelleher, seconded by Mr. Negrin, the following resolutions were passed 4-0-1, Mr. Simon abstaining. WHEREAS, Mr. J. Avelino has submitted an application to the Building Inspector, together with plans, to construct an addition; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B (1), 89-44 B and 89-57 on the premises located at 124 East March 29, 1992 -5- Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Lot 280; and WHEREAS, Mr. 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 herby denies the application on the following grounds: 1. The practical difficulty shown is insufficient to support the variance requested. 2. The size of the footprint is too large. 3. The enlarged house would have too great an impact on the adjacent neighbors. 4. The mass of the proposed house would be too great. AND, IT IS FURTHER RESOLVED, that this decision, be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT Mr. Negrin adjourned the meeting at 10:32 PM and reopened it at 10:40 PM. APPLICATION NO. 3 - CASE 1087 Application of Andrew Gutstein, 8 Addee Circle, adjourned from January 29, 1992. Madelyn Gray appeared on behalf of her brother. She stated that should the Gutsteins have children they want to build the proposed deck for eating as well as outdoor play. The members felt that the deck was too large for the perceived need. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. March 29, 1992 -6- On motion of Mr. Kelleher, seconded by Mr. Wexler, the following resolutions were adopted unanimously. WHEREAS, Andrew Gutstein has submitted an application to the Building Inspector, together with plans, to construct a deck; 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 89-32 B (3) on the premises located at 8 Addee Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Lot 273; and WHEREAS, Mr. Gutstein 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 herby denies the application on the following grounds: The design does not represent the minimum to relieve the difficulty as shown. AND, IT IS FURTHER RESOLVED, that this decision, be filed with the Town Clerk as provided in Section 267 of the Town Law. CASE NO 4 - CASE 1089 The Chairman read the application as follows. Application of Mr. and Mrs. Dominick Ruggiero requesting variances from Sections 89-36 B(3) and 89-36 B(2)(a) to construct a rear deck and kitchen addition with rear yards of 10.0 feet and 13.0 ft. respectively where 25.0 ft. is required and a side yard of 4.1 ft. where 8.0 ft. is required for a one-family residence in an R-2F Zone District on the premises located at 10 Garit Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 150. Mr. and Mrs. Ruggiero appeared on behalf of their application. They stated that their yard is unusable and that the deck is positioned in such a way as to preserve trees. The kitchen is awkward and out-of-date. The members were concerned about the large size of the deck expressing that it is not the minimum necessary to relieve the practical difficulty. On motion of Mr. Wexler, seconded by Mr. Gunther, with the consent of the applicants, this application was adjourned until the next meeting. March 29, 1992 -7- APPLICATION NO. 5 - CASE 1090 The Secretary read the application as follows: Application of Carlo Petrazzi requesting variances from Section 89-35 B(2) (a&b) to construct a second floor closet with a side yard of 6.2 ft. where 8.0 ft. is required and with a total side yard of 15.2 ft. where 18.0 ft. is required. Further, the closet will increase the extent by which the structure is nonconforming pursuant to Section 89-57 for a residence in an R-6 Zone on the premises located at 135 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215 Lot 409. Sal Petrazzi appeared on behalf of his father. He stated that the house was a small one with inadequate closets. An extension had been started which does not extend beyond the footprint. On motion of Mr. Gunther, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Carlo Petrazzi has submitted an application to the Building Inspector, together with plans, to construct a second floor closet on the premises located at 135 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215 Lot 409; 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&b) and 89-57; and WHEREAS, Mr. Petrazzi 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 March 29, 1992 -8- sought on the following grounds. 1. There is little closet space in the bedrooms,and the size and layout of the house does not allow any other addition. 2. The proposed side yard is not less than the existing side yard. 3. The footprint is not increased, and the addition is of minimal size. 4. The appearance of the house is improved by the addition. 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. 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 89-35 B(2)(a&b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow a second floor closet with a side yard of 6.2 feet and a total side yard of 15.2 feet on the premises located at 135 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215 Lot 409 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. 6 - CASE 1091 The Secretary read the application as follows: Application of Mr. and Mrs. Maurice Goldfarb requesting variances from Sections 89-31 B(3), 89-31 B (3)(b), 14-48 A (1) and 14-48 A(2) to obtain a Certificate of Occupancy for the pool, pool equipment, fence, deck and March 29, 1992 -9- solarium. The solarium has a rear yard of 39.1 ft. where 40.0 ft. is required, and the pool deck is 4.0 ft. from the wood deck, 0.0 ft. from the solarium, and 11.0 ft. from the side yard where 15.0 ft. is required. The pool deck is 4.0 ft. from a rear lot line where 20.0 ft. is required, and the pool filter equipment is 0.1 ft. from a rear lot line where 5.0 ft. is required for a residence in an R-20 Zone District on the premises located at 21 Fairway Drive and known on the Tax Assessment Map as Block 333 Lot 2212. Andreas Sardelli of Colonial Pools appeared. Mr. Jakubowski stated that he had a problem. Mr. Goldfarb's neighbor, Dr. Druker of Jenny Close, had submitted to the Town a survey which indicates that Mr. Goldfarb's fence and pool deck obtrudes 38.01 feet into Dr. Druker's yard. Mr. Jakubowski suggested that this matter needed to be resolved before the variance could be decided. On motion of Mr. Gunther, seconded by Mr. Simon, this matter was adjourned with the consent of the agent of the applicant. APPLICATION NO. 7 - CASE 1092 The Secretary read the application as follows: Application of Dr. Denise Hyams requesting variances of Sections 89-66 A and 89-67 B to maintain a professional office without two parking spaces in addition to the one required for a one-family residence which cannot be developed within 25.0 ft. of the front line in an R-2F Zone District on the premises located at 27 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Lot 360. Dr. Hyams had gotten permission in May 1991 from this Board to maintain a professional office with parking for two cars in a widened driveway. Following the hearing, Dr. Hyams' neighbors asked that she request permission for parking 2 cars in front of her house as they felt that such an arrangement would be safer for the neighborhood children. Dr. Hyams stated that her garage is used for housing her car and that she sees few patients at home as she works full-time outside of the house. 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 29, 1992 -10- On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted. WHEREAS, Dr. Denise Hyams has submitted an application to the Building Inspector, together with plans, to maintain a professional office without two parking spaces on the premises located at 27 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 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 89-66A and 89-67B; and WHEREAS, Dr. Hyams 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 office is used minimally. 2. The parking will occur generally at times when fewer cars are parked on the street. 3. The parking at this property is similar to parking at adjacent properties. 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 89-66 A and 89-67 B of the Zoning Ordinance be varied and modified so as to allow a professional office without two parking spaces on the premises located at 27 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Lot 360 in strict compliance with the plans filed with this application March 29, 1992 -11- 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 be attached to this variance: 1. This variance is limited to Dr. Hyams' use of a home office. 2. Dr. Hyams shall continue to maintain and use her own garage for parking her car. 3. Dr. Hyams shall apply for and receive a Certificate of Occupancy within 30 days of this meeting. 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. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes the meeting of January 29, 1992 were approved. On motion of Mr. Gunther, seconded by Mr. Kelleher, the minutes of February 26, 1992 were approved. NEXT MEETING The next meeting of the ZBA shall be April 29, 1992. ADJOURNMENT On motion of Mr. Simon, seconded by Mr. Wexler, the meeting was adjourned at 12:30 AM. Bonnie M. Burdick