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HomeMy WebLinkAbout1991_05_29 Zoning Board of Appeals Minutes 13P/7)H MINUTES OF THE REGULAR MEETING OF THE / � '1 ZONING BOARD OF THE TOWN OF MAMARONECK 4 MAY 29, 1991, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD RECEIVED MAMARONECK, NEW YORK ! JUN 21 1991 PATRICIA A.DiCIOCCI0 Present: Joel Negrin, Chairman TOWN CLERK MAMARONECK Thomas E. Gunther N.Y. Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Barbara Terranova, 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 8:20 PM. APPLICATION NO. 1 - CASE 1029 Mr. Negrin read the application. Application of Mr. and Mrs. M. Lubben, 30 Copley Road, adjourned from the meeting of April 24, 1991. Ned Stowell, architect, appeared with Mr. Lubben. In response to Mr. Wexler's statement that he had expected revised plans without a second-story addition, Mr. Stowell stated that the applicants would prefer that the Board grant the additions as originally requested. This plan extends the house far into the rear yard setback, and Mr. Wexler stated that the only relief from congestion is provided by the house next door at 28 Copley. He continued to have difficulty finding the need for a variance to satisfy reasons of personal life style - not a practical difficulty or unnecessary hardship. Mr. Wexler and Mr. Negrin stated that they did not feel all alternatives had been explored, and Mr. Negrin stated that the law requires that variances granted be for the minimum needed to satisfy the hardship or difficulty far 1 by the applicant. Mr. Wexler stated that a second story could have been added in another place or an addition could have been put on the front at the lower level. He stated that annoyances during construction would be temporary while the variance and its resulting construction would be permanent. Mr. Lubben stated that the house lacked storage and that the space behind the master bedroom would start out as closets and might be converted to a study or nursery, perhaps a bathroom. The Lubbens use one bedroom as a May 29, 1991 -2- study and need a second one for a guest roam as family members stay for long visits. The Lubbens and one child use the other two bedrooms. A portion of the proposed two-story addition would be for a live-in employee. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appals is the Lead Agency and solely responsible for determining whether the proposed action nay 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 SEQPA. No Board member was willing to move to approve this application. Mr. Stowell amended his drawings to eliminate the second floor on the east addition and to construct a two-foot parapet on the first-floor roof. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted WHEREAS, Mr. and Mrs. M. Lubben have submitted an application to the Building Inspector, together with amended plans, to construct two rear one-story additions on the premises located at 30 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 75; 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 89-35 B(2) (a) , 89-35 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Lubben 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 lot is irregular in shape. May 29, 1991 -3- 2. The topography of the lot is difficult; it includes a large rock outcropping. 3. The character of the surrounding community is maintained by not constructing a front addition. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. 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. 6. 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 89-35 B(2) (a) , 89-35 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of two rear one-story additions on the premises located at 30 Copley Road and known on the Tax Assessment Map of the Torun of Mamaroneck as Block 409 Lot 75 in strict conformance with the amended 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 applicant 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 1030 The secretary read the application as follows: Application of Mr. A. Albert requesting a variance from Section 89-35 B(2) (a) & (b) to reduce the side yard from 8.0 feet required to 5.5 feet and the total side yards from 18.0 feet required to 13.0 feet from the proposed construction of a front addition which will increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 99 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Lot 347. May 29, 1991 -4- Michael Albert appeared on behalf of his father. He stated that Mr. Albert wanted to enlarge his living roam which is currently 13'x 15' and which includes a fire place and which, besides its usual function, serves as an entrance hall and passage-way to the dining roam and kitchen. Mr. Albert, in a corporate name, owns the substandard lot next door which is landscaped as a rock garden. The Board was advised by Mr. Hoffman to treat said lot as if it were owned by a stranger. Mr. Wexler objected to the design of the addition as he felt that the house was a classic cottage and that a peak roof was not esthetically pleasing. On motion of Mr. Gunther, seconded by Mr. Simon, 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 SEQPA. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were approved 4-0-1, Mr. Wexler abstaining. WHEREAS, Mr. A. Albert has submitted an application to the Building Inspector, together with plans, to construct a front addition on the premises located at 99 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Lot 347; 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 89-35 B(2) (a) & (b) and 89-57; and WHEREAS, Mr. Albert 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. With respect to the footprint, this addition encroaches no further than the rear right side of the building. May 29, 1991 -5- 2. The addition is suitable as the house is undersized in comparison with the size of the lot. 3. This corner of the house is the best location to place an addition. 4. The house is no closer to the street than the front of several other houses along Colonial Avenue. 5. The variance granted is the ini iimmi to alleviate the practical difficulty detailed in the application. 6. 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. 7. 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 89-35 B(2) (a) & (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a front addition on the premises located at 99 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Lot 347 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 applicant 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. 3 - CASE 1031 The secretary read the application as follows: Application of Mr. and Mrs. D. Millar requesting a variance for the proposed construction of a third floor dormer. The dormer as proposed creates a third floor as defined in Section 89-3 and is not permitted pursuant to Section 89-35 D(1) which restricts building height to two and one-half stories, in an R-6 Zone, on the premises located at 28 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 80. May 29, 1991 -6- Mr. Simon recused himself because of a close personal relationship with the applicants. Peter Zambito, attorney, appeared with Mr. and Mrs. Millar. He stated that the Millars wanted to provide more comfortable living space for their two tall (6'3" and 5'10 while growing) sons who live on the third floor. There is no change in the elevation of the house; a dormer will replace a slanted roof. As there is no way to legally extend the ground floor, this plan would be the most economical, feasible way to expand the living quarters. Approval from the New York State Board of Review is required for living space on the third floor for a house of wood-frame construction. On motion of Mr. Gunther, seconded by Mr. Wexler, the four Board members voting 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 FUR HER 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 4-0-1, with Mr. Simon recusing himself. WHEREAS, Mr. and Mrs. D. Millar have submitted an application to the Building Inspector, together with plans, to construct a third floor dormer on the premises located at 28 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 80; 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 89-3 and 89-35 D(1) ; and WHEREAS, Mr. and Mrs. Millar 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 circumstanc-ns and/or conditions applying to the land for which the variance is sought on the following grounds: May 29, 1991 -7- 1. This is the most practical addition to relieve the applicants' hardship for space. 2. The Building Inspector stated that there was no practical, economical way to expand on the ground level to accomplish the same result. 3. The lot is irregularly shaped which precludes other options for alteration. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. 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. 6. 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 89-3 and 89-35 D(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a third-floor dormer on the premises located at 28 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 80 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 following condition shall attach to the variance: The Building Inspector shall not issue a Building Permit until permission for occupancy of the third floor has been granted by the New York State Board of Review. FURIBER RESOLVED, that the applicant 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. 4. - CASE 1032 The secretary read the application as follows:. May 29, 1991 -8- Application of Dr. D. Hyams requesting permission to have an accessory professional office in a residence dwelling where the two additional required parking spaces would be in the front setback 10.0 feet from the front property line where 25.0 feet is required pursuant to Section 89-67 B for unenclosed off-street parking, in an R-2F Zone District, on the premises located at 27 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Lot 360. Mr. Hoffman stated that an office is a permitted use and that the application was only for parking. The word "accessory" is defined as an adjunct to the primary uses which is residential. . Dr. Hyams , who appeared with her son Tor, stated that she was employed by Four Winds Hospital in Katonah and that she say patients for 10-14 hours a week in the evening and on Saturday mornings. Patients and friends of her two children had been parking in the one-car driveway and on the street. Dr. Hyams was notified of the need to provide off-street parking after a complaint was made to the Building Inspector. She stated that her office was an economic necessity to her and that she could not afford an off-site office. Dr. Hyams is a widow supporting two children of college age and has had high medical bills this year. There were a number of neighbors in the audience. Joseph Morgan of 35 Blossom Terrace submitted a petition, which will become a part of the record, signed by 28 homeowners protesting against the doctor's practice, her patients and the plans for parking. He stated that there are 34 young children who play in the street. Mr. Morgan related an incident when police and VAC had to be called to subdue a foul-mouthed, out-of-control patient of Dr. Hyams who talked her way into his house and cc-erred three of his children. Others objecting to Dr. Hyams patients and the amount of cars generated included: Mr. and Mrs. Peter Doria, 30 Blossom Terrace; George Penzo, 9 Blossom Terrace; Nora Weber, 28 Blossom Terrace; and Ann Merkell, 1 Blossom Terrace. Diane Castiglione of 24 Blossom Terrace stated that there were a lot of children playing unattended in the street and that there had been "fights" on the street in the past. She did not see the correlation between children playing in the street and Dr. Hyams pursuing her profession. Dr. Hyams regretted the incident mentioned by Mr. Morgan and stated that she screened her patients so that she saw the unpredictable ones at the hospital. She stated that, were she granted the variance, she would caution her patients about the speed of their cars and the presence of children in the street. The neighbors present agreed that there was a traffic problem at Palmer Avenue and Blossom Terrace and that the installation of such devices as new signs and speed bumps might be helpful. Counsel for the Board informed the Board and the neighbors that the Zoning Board of Appeals was not the proper forum to address this issue. ADJOURNMENT The mooting was adjourned at 10:00 PM and reopened at 10:10 PM. May 29, 1991. -9- On motion of Mr. Wexler, seconded by Mr. Simon, 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 SEQPA. On motion of Mr. Negrin, seconded by Mr. Kelleher, the following resolutions were adopted 4-0-1, Mr. Wexler abstaining. WHEREAS, D. D. Hyams has submitted an application to the Building Inspector, together with plans, for two required parking spaces to accompany an accessory office on the premises located at 27 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Lot 360; 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 89-67B; and WHEREAS, Dr. Hyams 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. An accessory office is a permitted use. 2. Parking cars 10 feet from the lot line is consistent with the apparent practice in the neighborhood. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application and to accomplish the goals of the applicant. Other options, including waiving the requirements for the , were considered. 4. 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. 5. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of May 29, 1991 -10- 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 Section 89-67B of the Zoning Ordinance be varied and modified so as to allow the construction of two parking spaces on the premises located at 17 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Lot 360 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 following condition shall attach to this variance: The applicant's garage shall be maintained and used as a garage for the applicant's car. FURTHER RESOLVED, that the applicant 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. 5 - CASE 1033 The secretary read the application as follows: Application of Mr. and Mrs. Robert Lamb requesting a variance ficm Section 89-34 B(1) to reduce the front yard setback from 30.0 feet required to 27.29 feet to retain an enclosed porch which increased the extent by which the structure is nonconforming pursuant to Section89-57, in an R-7.5 Zone District, on the premises located at 2 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Lot 484. Mrs. Lamb appeared on behalf of the application. She stated that a variance was necessary to retain a porch enclosed by a previous owner. The lack of permission was noted when a Certificate of Occupancy was sought. On motion of Mr. Gunther, seconded by Mr. Wexler, 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 29, 1991 -11- 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 SEQPA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Robert Lamb have submitted an application to the Building Inspector, together with plans, to retain an enclosed porch on the premises located at 2 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Lot 484; 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 89-34 B(1) and 89-57; and WHEREAS, Mr. and Mrs. Lamb 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 porch was enclosed prior to these owners' purchase of the house. 2. The house is on a corner lot with a steep grade; it is well screened and shrubbed. 3. The footprint was part of the original house for which a Building Permit was issued. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. 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. 6. 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 May 29, 1991 -12- FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-34 B(1) 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 2 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Lot 484 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 applicant 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. 6 - CASE 1034 The secretary read the application as follows: Mr. and Mrs. H. Weinstein requesting a variance fium Section 89-44 D to construct a six-(6) foot high fence (four- (4) feet height maximum permitted) , in a Residence Zone District, on the premises located at 47 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Lot 279. Mrs. Weinstein appeared on behalf of the application. Mr. Negrin stated that was a friend of the applicant but that he had no business or professional relationship which would interfere with his decision. Mrs. Weinstein would not give specifics about the nuisance but stated that she had been deprived of the use of her back yard for eighteen years and that the police had been called recently. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously WHEREAS, Mr. and Mrs. H. Weinstein have submitted an application to the Building Inspector, together with plans, to allow the construction of a six-foot high fence which would exceed the four-foot height limit allowable; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article VIII Section 89-44 D on the premises located at 47 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Lot 484; and May 29, 1991 -13- WHEREAS, Mr. and Mrs. Weinstein 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 there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The applicants are entitled to privacy and to maintain their quality of life. 2. The neighbors were informed about the application; none have appeared in opposition. 3. 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 4. There are special circumstances and conditions applying to the land for which the variance is sought, which circumstance and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from and that strict compliance with the requirements of the Zoning Ordinance will not alleviate applicant's practical difficulty. FURTHER RESOLVED, that a variance is hereby granted and that Article VIII Section 89-44 D be varied and modified so as to allow the erection of a six-foot fence on the premises located at 47 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 484 in strict conformance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that the following condition shall attach to the variance: The finished side of the fence shall be installed facing the applicants' neighbors. FURTHER RESOLVED, that the applicant 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 May 29, 1991 -14- • FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 7 - CASE NO 1035 The secretary read the application as follows: Application of Mr. Ken Suyama requesting a variance for the proposed construction of a deck around a swimming pool. The deck as proposed would be 11.5 feet from the house where 15.0 feet is required pursuant to Section 14-48 A(1) for a residence pool, in an R-20 Zone District, on the premises located at 18 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 30. Eddie Pinto, contractor, appeared with the applicant Mr Suyama. Mr. Hoffman reminded the Board that this application was an example of the kind of walkway for which this Board wanted to change the regulations. 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 SEQPA. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. K. Suyama has submitted an application to the Building Inspector, together with plans, to construct a deck around a swimming pool on the premises located at 18 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 30; 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 14-48 A(1) ; and WHEREAS, Mr. Suyama 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 • May 29, 1991 -15- 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. This deck is consistent with the neighborhood. 2. There will be no adverse impact on the neighborhood. 3. The distance from the house to the pool itself is greater than the minimum required. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. 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. 6. 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 Section 14-48 A(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a pool deck on the premises located at 18 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 30 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 applicant 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. 8 - CASE 1036 The architect of this application had notified the Board that markedly revised plans were being developed and would be filed at a later date. APPROVAL OF MINUTES On motion of Mr. Negrin, seconded by Mr. Gunther, the minutes of the meeting of February 27, 1991 were unanimously approved. • May 29, 1991 -16- NEXT MEETING Mr. Jakubowski stated that he had a sizable backlog of disapprovals. Therefore, the Board decided to schedule an extra July meeting to give Mr. Jakubowski same latitude. The June meeting will be held June 26, 1991; in July the Board planned to moot on the 16th and the 23rd. ADJOURNMENT On motion of Mr. Gunther, seconded by Mr. Kelleher, the meeting was adjourned at 11:47. Bonnie M. Burdick