Loading...
HomeMy WebLinkAbout1995_05_24 Zoning Board of Appeals Minutes Pr ,� 11 ANo, MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK CE VED MAY 24, 1995, IN THE COURT ROOM, TOWN CENTER RE 740 WEST BOSTON POST ROAD oo Jt1N `1015 MAMARONECK, NEW YORK OCCIO VIRSVCIVIC, I MAM NVNECK Present: Thomas E. Gunther, Chairman Patrick J. Kelleher Nina Recio J. Rene Simon Absent: Arthur Wexler Also present: John Kirkpatrick, Counsel 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 7:49 PM. He announced that Case 2148, Josephine Accocella, 31 Rockland Avenue, had been withdrawn as the house had returned to one-family status APPLICATION NO. 1 - CASE 2162 The Secretary read the application as follows. Application of Mr. and Mrs. Michael Moran, 23 Fenbrook Drive, adjourned from March 30, 1995. Mr. and Mrs. Moran appeared. Mr. Jakubowski explained that they had a variance for a deck 9 feet from the property line and had added an extension to that deck and built a shed. Mr. Moran, who stated that he was a plumbing contractor, admitted that he had been in a hurry to erect the shed despite knowing that a permit, and possibly a variance, would be required. Mr. Kelleher stated that the Morans impressed him as ignoring the Zoning Ordinance of the Town in which they lived. Ms. Recio agreed stating that they had acted in flagrant disregard to procedure. After review, on motion of Ms. Recio, 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; and it is Zoning Board of Appeals May 24, 1995 -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. Mr. Kelleher moved to approve the variance. There was no second. On motion of Mr. Gunther, seconded by Ms. Recio, the motion of approval was withdrawn by a vote of 4-0. On motion of Ms. Recio, seconded by Mr. Simon, the following resolution was ADOPTED by a vote of 3-1, Mr. Kelleher opposed. WHEREAS, Mr. and Mrs. Michael Moran have submitted an application to the Building Inspector, together with plans to maintain a rear deck and an 8 foot by 8 foot storage shed on the premises located at 23 Fenbrook Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 11; 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 14-48 A(1) and 89-57; and WHEREAS, Mr. and Mrs. Moran 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 as follows: 1. Mr. Moran describes himself as a plumbing contractor and has, therefore, professional knowledge of applicable codes and local permit practices. Construction of this shed and deck addition without permits shows flagrant disregard for the proper Building Department procedures. 2. The delay the applicants cited is irrelevant as the structures were erected prior to filing for a Building Permit. 3. The situation is entirely self-created by the applicants. 4. No showing of any practical difficulty has been made. Zoning Board of Appeals May 24, 1995 -3- NOW, THEREFORE, BE IT __ _ RESOLVED, that an application to the Board by Mr. and Mrs. Michael Moran for variances from Sections 14-48 A(1) and 89-57 for a deck addition and an 8 foot by 8 foot storage shed with a 0.0 foot setback from the edge of the pool deck on the premises located at 23 Fenbrook Drive said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 11 be and the same is DENIED APPLICATION NO. 2 - CASE 2164 The Secretary read the application as follows. Application of Eric and Karen Aubbey requesting a variance from Section 89-44 A to maintain a patio with a rear yard of 3 ft. 5 in. where 5.0 ft. is required for a residence in an R-7.5 Zone District on the premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Lot 89. Mr. Aubbey appeared and stated that he had bought the house in January of 1994 and discovered the problem in June of 1994. He felt that the patio had been in place for four to five years prior to his purchase of the house. After review, on motion of Mr. Gunther, seconded by Ms. Recio, the following resolutions were proposed and adopted unanimously, by a 4-0 vote. 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. Gunther, seconded by Ms. Recio, the following resolution was ADOPTED unanimously by a vote of 4-0. WHEREAS, Eric and Karen L. Aubbey have submitted an application to the Building Inspector, together with plans to maintain a slate patio on the premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Lot 89; and Zoning Board of Appeals May 24, 1995 -4- 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 89-44 A; and WHEREAS, Mr. and Mrs. Aubbey 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 patio existed before the applicants' purchase of the premises. 2 The patio causes a minimal intrusion into the side yard. 3. A view of the patio is blocked for the neighbors to the West. 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 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 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 Eric and Karen L. Aubbey for a variance from Section 89-44 A to maintain a slate patio 3 feet 5 inches from the rear property line on the premises located at 74 Edgewood Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Lot 89 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. Zoning Board of Appeals May 24, 1995 -5- 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 2165 The Secretary read the application as follows. Application of Reynald Bonmati requesting a variance from Section 89-44 D to maintain a 6'4" high, 221 linear foot fence/wall where 4.0 ft. is the maximum permitted 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 508 Lots 1 & 30. Leonard Weinberg, architect, appeared on behalf of the applicant. He stated that the masonry and piers had been in place and that 221 linear feet of wrought iron fencing on top of the wall was added because the applicant's property abuts the beach area on Premium Point. The fencing increased safety and security. Mr. Jakubowski stated that the application was for legalization; the fencing was discovered during a final inspection of the tennis court. Ms. Recio was opposed to the fencing. She stated that she was concerned for reasons of precedence involving long and large fences. After review, on motion of Ms. Recio, seconded by Mr. Simon, the following resolution was 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. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were ADOPTED by a vote of 3-1, Ms. Recio opposed. WHEREAS, Reynald Bonmati has submitted an application to the Building Inspector, together with plans, to maintain a wall/fence on the premises located on Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Lots 30 and 1; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the wall/fence fails to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-44 D; and WHEREAS, Reynald Bonmati has submitted an application for variances to this Board for the reasons set forth in such application; and Zoning Board of Appeals May 24, 1995 -6- 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 fence itself, which is between higher concrete piers, is not six feet but is barely over four feet high on the inside. 2. The fence is of open construction and is attractive. 3. The structure will provide privacy near a semi-public facility bordering on the Point Road beach area. 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 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 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 Reynald Bonmati for a variance from Section 89-44 A to maintain a combination wall/fence six feet (6'4"), four inches high, two-hundred-(221) twenty-one linear feet along the street front on the premises located at Premium Point, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 408 Lots 30 and 1 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 89-83 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 May 24, 1995 -7- APPLICATION NO. 4 - CASE 2166 The Secretary read the application as follows. Application of Maurice and Sandra Geeslin requesting variances from Sections 89-33 B(2)(a) and 89-44 B to construct a second floor addition and chimney. The addition would have a side yard of 7.2 ft. where 10.0 ft. is required, and the chimney would have a side yard of 5.2 ft. where 8.0 ft. is required. Further, the additions increase 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 73 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 539. Ms. Recio stated that she knew Mrs. Geeslin but that she did not feel her acquaintance would influence her decision. Mr. and Mrs. Geeslin appeared. Mr. Geeslin stated that the footprint of the house was not being changed, but that because the house was non-compliant already any change triggered a need for a variance. The Geeslins had considered other options, but they preferred to renovate this house and add another bedroom for their children. Mr. Geeslin stated that they had lived in the house since 1984 and that the side yard in question abuts the garage of a neighbor. 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. On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were ADOPTED unanimously, 4-0. WHEREAS, Maurice and Sandra Geeslin have submitted an application to the Building Inspector, together with plans to construct a second-floor addition on the premises located at 73 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 539; 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), 89-44 B, and 89-57; and WHEREAS, Mr. and Mrs. Geeslin submitted an application for variances to this Board for the reasons set forth in such application; and Zoning Board of Appeals May 24, 1995 -8- 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 proposed addition does not increase the footprint of the existing building. 2. The applicants stated that they had discussed their plans with the neighbors; none appeared to object. 3. The lot is substandard for an R-10 area, 8,461 square feet. The width is but 50 feet; there is no room within the envelope on the left or right side for an addition. 4. The design suits the design of the house and is compatible with the neighborhood. 5. The addition will add significant value to the property. 6. 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. 7. 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. 8. 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 Maurice and Sandra Geeslin for variances from Section 89-33 B(2)(a) for a side yard of 7.2 feet and from Section 89-44 B for a chimney with a side yard of 5.2 feet on the premises located at 73 Fernwood Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 539 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. Zoning Board of Appeals May 24, 1995 -9- 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. 5 - CASE 2167 The Secretary read the application as follows. Application of Mr. and Mrs. Moshe Chalchinsky requesting a variance from Section 89-31 B(1) to construct a front portico with a 34.15 ft. front setback where 40.0 ft. is required in an R-20 Zone District on the premises located at 15 Marbourne Drive and known on the Tax Assessment Map as Block 334 Lot 48. James Schattschneider, architect, appeared with Mr. and Mrs. Chalchinsky. He stated that his clients wished to build a structure to protect them from the weather and that the constraints of an easement for the Westchester Joint Water Works caused the necessity of a variance. 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. On motion of Mr. Kelleher, seconded by Ms. Recio, the following resolutions were ADOPTED, unanimously, 4-0. WHEREAS, Mr. and Mrs. Moshe Chalchinsky have submitted an application to the Building Inspector, together with plans to construct a front entry portico on the premises located at 15 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 48; 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(1); and WHEREAS, Mr. and Mrs. Chalchinsky submitted an application for variance to this Board for the reasons set forth in such application; and Zoning Board of Appeals May 24, 1995 -10- 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. Were it not for the anomaly of a large collection basin at the rear of the property, the house could be set back; and the addition would have been allowed without a variance. 2. There is a practical reason for the addition to allow shelter from the elements at the front door. 3. The addition does not increase livable floor area. 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 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. Moshe Chalchinsky for a variance from Section 89-31 B(1) to construct a front entry portico with a front yard of 34.15 feet located at 15 Marbourne Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 48 be and the same is granted, subject to the following conditions. 1. The applicants 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 May 24, 1995 -11- APPLICATION NO. 6 - CASE 2168 -- - The Secretary read the application as follows. Application of Edward and Sandra Ikegouchi requesting a variance from Section 89-44 D to construct a rear 5-ft. fence where 4.0 ft. is the maximum permitted for a residence in an R-2F Zone District and on the premises located at 36 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Lot 385. (Written permission should be obtained from Westchester Sanitary Sewer Commission for construction on its easement prior to applicants' appearance. ) No one appeared for the application. On motion of Mr. Gunther, seconded by Ms. Recio, the matter was adjourned to the June meeting. APPLICATION NO. 7 - CASE 2169 The Secretary read the application as follows. Application of Mr. and Mrs. Swain Weiner requesting variances from Sections 89-44D and 89-33B-1 to construct a 5.5 ft. fence and a one-story garage addition. The fence would exceed the 4.0 height allowed, and the garage would have a 25.0-ft. front yard where 30.0 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 10 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Lot 218. Mr. and Mrs. Weiner appeared with Diana White, their designer. Mrs. Weiner explained that the garage door placement had caused several accidents. It was proposed to remove a tree and change the size of the garage and placement of its door. Mrs. Weiner contended that a high fence was necessary because with the curve of her street occupants of cars can see the Weiners in their yard. Because of the topography and a rock formation, the use of the yard is limited. The Weiners had requested a 5 foot 5 inch fence to match a fence on the other side of the yard. Both Ms. Recio and Mr. Simon expressed a reluctance to grant a variance for a fence so high. Ms. Recio stated that the neighborhood was a secluded one and that the view being blocked was small and only visible at a particular angle. Mr. Kelleher suggested planting evergreens instead. The Weiners requested that their application be divided and that the fence part be withdrawn. The Board members agreed. After review, on motion of Ms. Recio, seconded by Mr. Gunther, the following resolutions were proposed and adopted unanimously, 4-0. Zoning Board of Appeals May 24, 1995 -12- 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 Ms. Recio, seconded by Mr. Simon, the following resolution was ADOPTED unanimously, 4-0. WHEREAS, Mr. and Mrs. Swain Weiner have submitted an application to the Building Inspector, together with plans to construct a one-story garage addition on the premises located at 10 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Lot 218; 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 and 89-57; and WHEREAS, Mr. and Mrs. Wiener 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: 1. The entrance to the garage requires convoluted parking; the applicants have had difficulty with this entrance and have damaged their cars. 2. The property is irregularly shaped. 3. The proposed structure is in keeping with the rest of the building. 4. There is massive rock ledge at the rear of the property which interferes with the use of the property. 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 Zoning Board of Appeals May 24, 1995 -13- 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. Swain Weiner for variances from Sections 89-33 B 1 and 89-57 to construct a garage addition with a 25.0 foot front yard on the premises located at 10 South Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Lot 218 be and the same is granted, subject to the following conditions. 1. The applicants 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. NEXT MEETING The next meeting of the Zoning Board of Appeals will be held on June 28, 1995. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 9:20 PM. Bonnie M. Burdick, Recording Sec'y