Loading...
HomeMy WebLinkAbout1990_05_23 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK MAY 23, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther J. Rene Simon Arthur Wexler Absent: Patrick B. Kelleher Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Lisa Parilla, 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 8:17 PM. APPLICATION NO. 1 - CASE 972 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Michael Burke requesting a variance to retain an enclosed porch The porch has a side yard of 6.51 feet where 10.0 feet is required and a total side yard of 12.33 feet where 25.0 feet is required pursuant to Section 89-33 B(2)(a) & (b) and further the enclosure is an increase in the extent by which the building is non-conforming pursuant to Section 89-57 for a structure in an R-10 Zone District on the premises located at 14 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 298. Mrs. Burke appeared on behalf of the application. She stated that insulated windows had been installed to replace screens on a porch. The Burkes had not realized a permit was needed. The original porch, which may have been added without a permit, was in place in 1986 when the Burkes bought their house. The enclosed porch is screened by evergreens and is nearest to a laundry room of the house next door. 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 May 23, 1990 -2- 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. Wexler, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Michael Burke have submitted an application to the Building Inspector, together with plans, to retain an enclosed porch on the premises located at 14 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 298; 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) & (b) and 89-57; and WHEREAS, Mr. and Mrs. Burke 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 original porch had been built at least 10 years prior to owner's purchase of this house. 2. An existing porch was enclosed. 3. The entire side of the house is about 6i feet from the side lot line. This enclosed porch does not encroach further. 4. The enclosed porch is not out of character with other structures in the neighborhood. 5. The immediately adjacent lot is screened by evergreens, and the porch is closest to a laundry room in the adjacent house. May 23, 1990 -3- 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. 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 8. 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 89-33 B (2) (a) & (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of an enclosed porch on the premises located at 14 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 298 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 applicants 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 973 The Recording Secretary read the application as follows: Application of Dr. George Krol requesting a variance from Section 89-31 B (2) (a) & (b) to reduce the side yard from 15.0 feet required to 8.63 feet and the total side yards from 40.0 feet required to 30.75 feet for the proposed construction of an attached garage in an R-20 Zone District on the premises located at 1001 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 336. Dr. Krol appeared on behalf of the application. He stated that he had converted his original garage into an office for his medical practice. Said practice will continue to be conducted primarily at a hospital. Dr. Krol stated that the garage he had built at the back of the property was too far from the house and was needed for the storage of his tractor and other equipment. He stated that he was planting trees which would make an impact within several years. May 23, 1990 -4- Mr. Wexler stated that the property had an unusually large amount of paved surface. There is one stretch of asphalt leading nowhere as well as a turn-around and parking lot in the front of the house. More paving in the back allows for cars to turn to the existing garage and to the area of the out-of-character professional office. Mr. Wexler stated that it appeared that 40% of the property was paved and that such percentage, illegal in some communities, is particularly out of character on property on Old White Plains Road. Said road is one of the last rural-like neighborhoods in the Town. Mr. Negrin noted that Dr. Krol currently already has sufficient garage and parking space required for the residence and professional office. Judy Berkowitz of 3 Deerfield Lane, and neighbor, appeared in opposition to the application. She stated that the neighbor's call Dr. Krol's property "the Indy 500" and that the paving has changed the rural quality of the neighborhood. The house most closely impacted by the proposal, 2 Deerfield Lane, is owned by an estate. Mr. Negrin explained to Dr. Krol that this Board is charged to grant variances when either practical difficulty or unnecessary hardship is demonstrated. Also, any such variance must be for the minimum practically necessary. He stated that he had difficulty determining a need in this case and that any hardship appeared to be self-created. 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. Simon, the following resolutions were unanimously adopted. WHEREAS, Dr. George Krol has submitted an application to the Building Inspector, together with plans to construct an attached garage; 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 89-31 B (2) (a) &(b) on the premises located at 1001 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 336; and WHEREAS, Dr. Krol 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 May 23, 1990 -5- 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 hereby denies the application on the following grounds: 1. Insufficient reasons were presented demonstrating practical difficulty and/or unnecessary hardship. 2. There are alternative designs which do not require a variance and which address the applicant's stated needs. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. NEXT MEETING The Board will meet next on Wednesday, June 20, 1990. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes of the meeting of March 28, 1990 were approved. On motion of Mr. Gunther, seconded by Mr. Simon, the minutes of April 24, 1990 were approved as corrected by those who had been in attendance. ZONING REVISIONS The Board authorized Mr. Hoffman to forward to the Town Board its approval of the revisions to the Zoning Code proposed by Mr. Jakubowski. ADJOURNMENT On motion of Mr. Gunther, seconded by Mr. Wexler, the meeting was adjourned at 9:30 PM. An441-L /72 760?>-.444 Bonnie M. Burdick