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HomeMy WebLinkAbout1995_03_29 Zoning Board of Appeals Minutes / MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE 1 , OF MAMARONECK MARCH 29, 1995, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTCt POST ROAD MAMARc EC K NEW YC K ��'�� � Air Present: Thomas E. G unther' Chairman RECEIVED Patrick J. Kelleher CO Nina Recio APR 1 i 1995 J. Rene Simon �. PATRICIA A.DICIOCCIO 69 TOWN CLERK Absent: Arthur Wexler MAMA N.Y. cQ .Y. Also Present: John Kirkpatrick, Counsel _'Q' 1007 William E. Jakubowski, Building Inspector Karen Brideau, 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 7:47 PM. He announced that the lawyer for the first application had requested an adjournment. APPLICATION NO. 2 - CASE 2157 The Secretary read the application as follows. Application of Mr. and Mrs. R. Siegel requesting a variance from Section 89-33 B(2) (b) to maintain an enclosed porch with a total side yard of 23.62 ft. where 25.0 ft. is required for a residence in an R-10 Zone District on the premises located at 48 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Lot 700. Mr. Siegel appeared. He explained that the porch had been on his house when he bought it in 1967. Not until he approached the Building Department about another matter did he discover the porch was not legal. After review, on motion of Mr. Gunther, seconded by Ms. Recio, the following resolutions were proposed and adopted unanimously, 4-0. 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 29, 1995 -2- On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were ADOPTED unanimously, 4-0. WHEREAS, Mr. and Mrs. Robert Siegel have submitted an application to the Building Inspector, together with plans to maintain an enclosed porch on the premises located at 48 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Lot 700; 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 89-33 B(2) (b) ; and WHEREAS, Mr. and Mrs. Siegel submitted an application for variance 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 house was purchased in 1967 by this applicant with the porch enclosed. 2. This variance is de minims. 3. The porch is well-screened from adjacent properties. 4. The granting of this variance 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 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 applicants of the Zoning Board of Appeals March 29, 1995 -3- 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 Siegel for variance from Section 89-33 B(2) (b) for a side yard of 23.62 feet located at 48 Eton Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Lot 700 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. 3 - CASE 2158 The Secretary read the application as follows. Application of Edward Ki.mney requesting a variance fran Section 89-44 D to construct a 5.0 ft.-front-yard fence where 4.0 ft. is the maximum permitted for a residence in an R-10 Zone District on the premises located at 700 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 697. Mr. Kimmey appeared. He stated that sitting in his yard is hazardous as balls fly in from the Murray Avenue School playground. He wanted to remove his diseased hemlocks and place a fence four feet back from his wall. Mr. Rimney would landscape the space between the wall and the fence. After review, on motion of Ms. Recio, seconded by Mr. Simon, the following resolutions were proposed and adopted unanimously, 4-0. 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 29, 1995 -4- On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were ADOPTED unanimously, 4-0. WHEREAS, Edward Kimmey has submitted an application to the Building Inspector, together with plans to construct a 5-foot fence on the premises located at 700 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 697; and WAS, 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 WFBfS, Mr. Kimmey submitted an application for a variance to this Board for the reasons set forth in such application; and WBFREAS, 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 WfS, 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 applicant has experienced safety concerns from balls and playground missiles from the school, across Forest Avenue. 2. The applicant has agreed to install the fence four feet back of his stone wall and will landscape between the wall and the fence. 3. The fence will provide a sound barrier from the Weaver Street and Forest Avenue intersection. 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 comity. 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. Zoning Board of Appeals March 29, 1995 -5- NM THEREFORE, BE IT RESOLVED, that an application to the Board by Edward K nmey for a variance fran Section 89-44 B for a 5.0-foot fence, 82 feet in length along the stret frontage, located at 700 Forest Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 697 be and the same is granted, subject to the following conditions. - 1. The fence shall be set back four feet fran the stone wall. 2. The applicant shall plant and maintain low shrubs and perennials in the four-foot setback. 3. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution 4. 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. 5. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** Mr. Gunther stated that the applicants for Application No. 4 had withdrawn their application without prejudice. APPLICATION NO. 5 - CASE 2160 The Secretary read the application as follows. Application of Stephen and Madeline Zawel requesting variances fran Sections 89-44 A and 89-67 B to maintain a paved terrace and widened driveway which are both 0.0 ft. fran the side property lines where 5.0 ft. is required in both instances in an R-15 Zone District on the premises located at 62 Carleon Avenue and known on the Tax Assessment Map as Block 404 Lot 267. Mr. and Mrs. Zawel appeared. Mrs. Zawel explained that the structures had been built unwittingly without a Building Permit. In both instances, no grass would grow and erosion was bad. After review, on motion of Ms. Recio, seconded by Mr. Simon, the following resolutions were proposed and adopted unanimously, 4-0. 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 29, 1995 -6- On nation of Mr. Kelleher, seconded by Mr. Simon, the following resolution was ADOPTED by a vote of 3-1, Mr. Gunther opposed. WHEREAS, Stephen and Madeline Zawel have submitted an application to the Building Inspector, together with plans to maintain a paved terrace and widened driveway on the premises located at 62 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Lot 267; 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 89-44 A and 89-67 B; and WAS, Mr. and Mrs. Zawel 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 bearing 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 variances sought are granted and also finds as follows: 1. The applicant has presented a favorable letter from a neighbor adjacent to the terrace. 2. The driveway abutting 64 Carleon has existed about seven years. 3. The applicant has represented that both areas have had erosion problems; no grass would grow. 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 amity. 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, FORE, BE IT RESOLVED, that an application to the Board by Stephen and Madeline Zawel for variances from Sections 89-44 A and 89-67B to maintain a Zoning Board of Appeals March 29, 1995 -7- paved terrace 0.0 feet from the side property line and a widened driveway 0.0 feet from the side property line on the premises located at 62 Carleon Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Lot 267 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 2161 The Secretary read the application as follows. Application of Mr. and Mrs. James Burr requesting variances from Sections 89-35 B(2) (a) and 89-35 B(2) (b) to construct a rear addition with a side yard of 6.86 ft., another side yard of 6.38 ft. where 8.0 ft. is required for both and a total side yard of 13.24 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 for a residence in an R-6 Zone District on the premises located at 5 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 642. Ms. Recio stated that she was acquainted with the applicant but that such acquaintace would not effect her decision. Barry Bronfman, architect, appeared with Mrs. Burr. They explained that as the Burr's four-year old child is confined to a wheel chair it was necessary to build a first-floor bedroan. An expert was consulted who felt the proposed rooms were the optimum size without making an unduly large encroachment. After review, on motion of Ms. Recio, seconded by Mr. Kelleher, the following resolutions were proposed and adopted unanimously, 4-0. 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 29, 1995 -8- On notion of Mr. Kelleher, seconded by Ms. Recio, the following resolutions were ADOPTED unanimously, 4-0. WHEREAS, Mr. and Mrs. James Burr have submitted an application to the Building Inspector, together with plans to construct a rear addition on the premises located at 5 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 642; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to Damply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B(2) (a), 89-35 B(2) (b) and 89-57; and WHEREAS, Mr. and Mrs. Burr submitted an application for a 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 variances sought are granted and also finds as follows: 1. The applicants need to provide a bedroom and additional space on the first floor for a disabled, wheelchair bound family member. Such space calls for special requirements which are covered in this plan. 2. The addition is only a matter of inches compared to the existing side of the house. 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 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. 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 variances granted by this Board will enable such reasonable use. Zoning Board of Appeals March 29, 1995 -9- N W, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. James Burr for variances from Sections 89-35 B(2) (a), 89-35 B(2) (b) and 89-57 for a rear addition with one side yard of 6.86 feet, for the other side yard of 6.38 feet and for the total side yards of 13.24 feet located at 5 Dante Street, said premises. being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 642, 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. ***** No one appeared for Application No. 7, so the matter was adjourned to the next available meeting. NEXT MEETING The normally scheduled meeting is April 26, 1995. APPROVAL OF MINUTES On motion of Mr. Gunther, seconded by Mr. Simon, the minutes of January 25, were unanimously approved by those in attendance, 3-0. On motion of Mr. Simon, seconded by Mr. Gunther, the minutes of March 1, 1995 were unanimously approved, 4-0. ADJOURNMENT On motion of Mr. Gunther, seconded by Ms. Recio, the meeting was adjourned at 8:57 PM. Bonnie M. Burdick