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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. Zoning Board of Appeals May 26, 1993 -2- Mr. Smith, requested a further adjournment to continue to gather the information sought by the Board. AAAAA 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 Zoning Board of Appeals May 26, 1993 -3- 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. Zoning Board of Appeals May 26, 1993 -4- 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. AAAAA 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; Zoning Board of Appeals May 26, 1993 -5- 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. Zoning Board of Appeals May 26, 1993 -6- 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 • -7- 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 Zoning Board of Appeals May 26, 1993 -8- 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.