HomeMy WebLinkAbout1993_05_26 Zoning Board of Appeals Minutes Dk4F/
MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
MAY 26, 1993, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Thomas E. Gunther, Chairman RFCEj ED
Patrick E. Kelleher JUL 21 1993
Nina Recio NTMOAA.piCMXIO
J. Rene Simon TOWN CLERK
Arthur Wexler MAMARONECK
N.Y.
Also Present: Nancy Rudolph, Counsel
Steven M. Silverberg, Counsel
Michelle Bonsteel, Ass't Building Inspector
Jennifer Sullivan, 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 8:16
PM.
APPLICATION NO. 1 - CASE 2053
The Secretary read the application as follows.
Application of Frank Aurrichio, 5 & 633-35 Fifth Avenue, adjourned from
April 28, 1993.
Mr. Gunther read a letter from Robert Stanziale, the architect for the
project, withdrawing the application.
APPLICATION NO. 2 - CASE 2061
The Secretary read the application as follows.
Application of John Avelino, 22 Little Farms Road, adjourned from April
28, 1993.
Mrs. Avelino appeared and asked to have her application adjourned to the
end of the meeting as her architect was delayed.
APPLICATION NO. 3 - CASE 2062
The Secretary read the application as follows.
Application of Mr. and Mrs. Daniel Smith, 5 Garit Lane, adjourned from
April 28, 1993.
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May 26, 1993
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Mr. Smith, requested a further adjournment to continue to gather the
information sought by the Board.
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APPLICATION NO. 4 - CASE 2066
The Secretary read the application as follows.
Application of Jerard Hurwitz requesting a variance from Section 89-33 B
(2)(a) to maintain an existing enclosed porch with a side yard of 6.0 ft.
where 10.0 ft. is required. Further, the structure 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 47 Stoneyside Drive and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 211 Lot 55.
Louis Friedman, attorney, appeared. He stated that the porch had been
enclosed for a long time and represented that there were no complaints
from the neighbors. The house has been sold, and Mr. Friedman claimed
that his clients would suffer an injustice with a requirement to remove
the porch. The new owners will not be changing anything at the property
despite the word "proposed" on the plan. Mr. Friedman stated that an
easement exists for the driveway on this property.
After review, on motion of Mr. Wexler, 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;
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 unanimously.
WHEREAS, Jerard Hurwitz has submitted an application to the Building
Inspector, together with plans to maintain an existing enclosed porch on
the premises located at 47 Stoneyside Drive and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 211 Lot 55; 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) and 89-57; and
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May 26, 1993
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WHEREAS, Mr. Hurwitz 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 variance sought is granted and
also finds as follows:
1. The property is irregular in shape. The side property line is
angled at the point which is closest to the encroaching porch.
2. It was presented that an existing non-conforming open porch was
enclosed many years ago by previous owners. It would be a
financial hardship to remove the porch.
3. 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 community.
4. 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 Jerard Hurwitz for a
variance from Sections 89-33 B(2)(a) and 89-57 for an enclosed porch with
a side yard of 6.0 ft. on the premises located at 47 Stoneyside Drive,
said premises being known and designated on the Tax Assessment Map of the
Town of Mamaroneck as Block 211 Lot 55 be and the same is granted,
subject to the following conditions.
1. The applicant shall obtain a building permit within thirty (30)
days 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. 5 - CASE 2067
This matter was removed from the agenda by the Building Department
following the advice of Counsel.
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May 26, 1993
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APPLICATION NO. 6 - CASE 2068
The Secretary read the application as follows.
Application of Elaine Stein Roberts for a variance from Section 89-44D to
maintain a 6-ft. high fence (4-ft. allowed); from Sec. 14-48 A(1) to
maintain a pool patio 0.0 ft. from the principal structure where 15.0 ft.
is required, from Sec. 14-48 A(2) to maintain a pool patio 19.6 ft. from
the rear yard where 20.0 ft. is required, from Sec. 14-48 A(1) to
maintain a pool patio with a side yard of 0.0 ft. at its closest point
where 15.0 ft. is required; and from Sec. 89-31 B(3)(b) to maintain a
filter equipment pad 3.4 ft. from a side line where 5.0 ft. is required.
and from Sec. 89-31 B(3)(b) for said pad which is located 95.0 ft. from
the street where 112.0 ft. is required for an accessory structure for a
residence in an R-20 Zone District on the premises located at 3 Briar Del
Circle and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 204 Lot 590.
There was no one present for this application. As the meeting was moving
along so expeditiously, it was decided to wait until the end of the
agenda to hear the matter.
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CASE 2061
Mr. Simon recused himself from the application as he had done work for
the applicant.
Mr. Mustacato, architect, presented the Avelino application. He stated
that the porch in question had been built at the applicant's request
while a major renovation was being made and that the applicant was now
legalizing the addition. The roof addition to the front door protects
visitors from the elements, makes the house more esthetically pleasing
and suits the house and the neighborhood claimed Mr. Mustacato. He also
stated that the encroachment is small.
It was noted by the Board and Mrs. Bonsteel that the original permit for
the alterations was issued five years ago. Mr. Gunther commented that
five years is a long time, and Mr. Kelleher remarked that neighbors have
been complaining about construction debris. Mrs. Bonsteel stated that
she felt the applicant was showing good faith; and a neighbor, Barbara
Spiridon of 20 Little Farms Road, stated that she was now pleased with
the situation next to her property.
After review, on motion of Mr. Gunther, seconded by Mr. Wexler, the
following resolutions were proposed and adopted 4 - 0 - 1, Mr. Simon
abstaining.
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;
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May 26, 1993
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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 adopted 4-0-1. Mr. Simon abstaining.
WHEREAS, John Avelino has submitted an application to the Building
Inspector, together with plans to maintain an existing front entrance
roof on the premises located at 22 Little Farms Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 212 Lot 98; 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. Avelino 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 variance sought is granted and
also finds as follows:
1. The addition is small and is architecturally consistent for
this area in the Town.
2. The addition is further away from the setback than other parts
of the house.
3. The house is burdened by two front yards.
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 community.
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May 26, 1993
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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 John Avelino for
variances from Section 89-33 B(1) for a front entrance roof with a front
yard of 24.5 feet located at 22 Little Farms Road, said premises being
known and designated on the Tax Assessment Map of the Town of Mamaroneck
as Block 212 Lot 98 be and the same is granted, subject to the following
conditions.
1. The applicant shall obtain a building permit within thirty (30
days 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
Merritt Mitchell, realtor, appeared on behalf of Mrs. Stein-Roberts, the
new owner of the property. He stated that he had contacted the former
owner who claimed to have gotten a building permit for the pool and a
variance. A Certificate of Occupancy was never issued, and there is
currently an open building permit. A survey from 1970 shows a different
fence style, height and placement. Mr. Mitchell submitted an easement
agreement for a sewer.
After review, on motion of Mr. Wexler, seconded by Ms. Recio, 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;
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 adopted unanimously.
Zoning Board of Appeals
May 26, 1993
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WHEREAS, Elaine Stein Roberts has submitted an application to the
Building Inspector, together with plans to maintain an existing six-foot
fence, pool patio, and filter equipment pad on the premises located at 3
Briar Del Circle and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 204 Lot 590; 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 89-44D,
14-48 A(1), 14-48 A(2) and 89-31 B (3); and
WHEREAS, Mrs. Roberts 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 variance sought is granted and
also finds as follows:
1. The six-foot-high fence is well screened with mature plantings
along the two side property lines.
2. The property has a sloping rear yard; the retaining wall
separates the pool patio from the rest of the rear yard.
3. The pool patio which surrounds the pool is large and
encompasses nearly one-half the rear yard.
4. The pool filter equipment is 3.4 feet from the side property
line but is well screened from the adjoining neighbor by mature
plantings and a stone retaining wall.
5. The location of the pool filter equipment is the most
practical, given the sloping yard and existing retaining walls.
6. The structures, when built, conformed to the existing setbacks;
and had a Certificate of Occupancy been issued then, a variance
would not have been necessary.
7. 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.
8. 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 community.
9. The strict application of the Zoning Ordinance and the Town
Code would deprive the applicants of the reasonable use of the
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May 26, 1993
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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 Elaine Stein Roberts
for variances from Section 89-44 D for a six-foot high fence, from
Section 14-48 A(1) to maintain a pool patio 0.0 feet from the principal
structure and with a 0.0 side yard, from Section 14-48 A(2) to maintain a
pool patio 19.6 feet from the rear yard and from Section 89-31 B(3)(b) to
maintain a filter equipment pad 3.4 feet from a side line and 95.0 feet
from the street located at 3 Briar Del Circle, said premises being known
and designated on the Tax Assessment Map of the Town of Mamaroneck as
Block 204 Lot 590 be and the same is granted, subject to the following
conditions.
1. The applicant shall obtain a building permit within thirty (30)
days 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.
FAREWELL
This meeting was the last one for the Counsel, Mrs. Rudolph. Mr. Gunther
stated that he would miss her sincerely, that she had been an invaluable
asset and that he wished her much success and happiness. Mr. Kelleher
endorsed Mr. Gunther's statement, and Mrs. Rudolph expressed her pleasure
in working with the Board.
Mr. Silverberg stated that his partner John Kirkpatrick would be the new
Counsel for the Zoning Board. Mr. Kirkpatrick has been a city planner
and is expert in land use.
APPROVAL OF MINUTES
On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of March
24, 1993 were unanimously approved.
On motion of Mr. Simon, seconded by Mr. Kelleher, the minutes of April
28, 1993 were unanimously approved.
NEXT MEETING
The next meeting of this Board will be June 23, 1993.
ADJOURNMENT
On motion of Mr. Simon, seconded by Mr. Wexler, the meeting was adjourned
at 9:25 PM.