HomeMy WebLinkAbout1994_11_22 Zoning Board of Appeals Minutes -D t)01-
OMINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
NOVEMBER 22, 1994, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD -._, ���
MAMARONECK, NEW YORK : '
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Present: Thomas E. Gunther, Chairman Nina Recio MEWED
J. Rene Simon DEC 9 14
Arthur Wexler }}
Absent: Patrick J. Kelleher
Also present: John Kirkpatrick, Counsel
William E. Jakubowski, Building Inspector
Lisa Parilla, 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 7:48 PM. He
explained that one member was ill and that for an action to be taken three
members had to agree. He offered the applicants the option to adjourn
their cases to the next meeting.
APPLICATION NO. 1 - CASE 2126
Application of Mr. and Mrs. Marvin Wexler requesting variances fran
Sections 14-48 A(1) and 14-48 A(2) to construct a swimming pool with a
side yard of 4.0 ft. where 15.0 feet is required, a rear yard of 4.0 ft.
where 20.0 ft. is required and a separation from the principal building of
0.0 ft. where 15.0 ft. is required for a residence in an R-15 Zone
District on the premises located at 40 Carleon Avenue and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 404 Lot 46.
The members had received a letter from the Wexlers' architect saying that
they were indefinitely postponing the application. On motion of Mr.
Gunther, seconded by Mr. Simon, the matter was dismissed unanimously, 4-0,
without prejudice.
APPLICATION NO. 2 - CASE 2132
Application of Betty Doherty requesting variances frown Sections 89-21
A(1), 89-35 A(1) , 89-35 B(5), 89-67 B and 89.9 to legalize a two family
dwelling where a two-family dwelling is not allowed with 2500 sq. ft. of
land per dwelling unit where 6,000 sq. ft. per unit is required and with
375 sq. feet of usable open space where 1200 sq. ft. is required. The
required off-street parking space for the second dwelling unit would be
set back 10.0 ft. from the front property line where 25.0 ft. is required,
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November 22, 1994
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and alteration of an existing conforming one-family use to a nonconforming
two-family use is prohibited for a residence in an R-6 Zone District on
the premises known as 172 Dillon Road and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 505 Lot 11.
Martin King, attorney, appeared on behalf of Mrs. Doherty accompanied by a
licensed appraiser, Patrick McEvoy. He stated that the house had been
built in 1959 by Mrs. Doherty's father and that the neighborhood had a
history of multi-family use. Mr. King, at the meeting, presented an
appraisal report prepared by Mr. McEvoy.
It was Mr.King's contention that if the house were built today as a
two-family house it would cost $10,000 more than as a one-family house but
that the selling price as a two-family house would be significantly
higher. He stated that Mrs. Doherty, as the executor, represented her
parents and their investment as if they were still alive and was not in a
role as an heir.
Ms. Recio and Mr. Wexler expressed doubts with the reasoning behind Mr.
King's presentation and reminded him that rent had been collected over the
years. Mr. Wexler sought rental and assessment information.
Because they had been presented with the appraisal information at the
meeting, the members felt unready to decide about the application.
On motion of Mr. Gunther, seconded by Mr. Simon, the matter was
unanimously, 4-0, adjourned to the next meeting.
NEXT MEETING
The next meeting of this Board will be January 4, 1995.
APPLICATION NO. 3 - CASE 2137
Application of John Eckes and Penny Rosenberg, 60 Hillcrest Avenue,
adjourned from October 26, 1994.
The members had received a letter from the applicants' builder requesting
an adjournment as a new survey had shown discrepancies with the
application.
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November 22, 1994
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APPLICATION NO. 4 - CASE 2138
Application of Collins Brothers Moving and Storage, 620 Fifth Avenue,
adjourned from October 26, 1994.
Lawrence Gordon, architect, appeared with Theresa Ferretti, one of the
owners. He stated that the applicants intend to take existing storage
space and convert it into office and conference space. Said space will
not require more office workers.
Mr. Jakubowski stated that the applicant had been granted a variance in
1985 and that 16 parking spaces, not the required 22 spaces, were approved
at that time. Ms. Ferretti stated that the business owned additional
parking spaces for its trucks and employees.
After review, on motion of Mr. Wexler, 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. Wexler, seconded by Mr. Simon, the following resolutions
were ADOFTED unanimously, by a 4-0 vote.
WHEREAS, Collins Brothers Moving and Storage has submitted an
application to the Building Inspector, together with plans, to
construct interior office space without increasing parking on the
premises located at 620 Fifth Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 132 Lots 33; 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
89-66 A; and
WHEREAS, Collins Brothers Moving and Storage submitted an application
for 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;
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November 22, 1994
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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 increase in office space will not result in the addition
of more employees, as represented by the applicant.
2. There will be ample space for office activities and
conferences but no need for more parking spaces.
3. 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.
4. 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.
5. The strict application of the Zoning Ordinance and the Town
Code would deprive the applicant 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 Colllins Brothers Moving
and Storage for a variance from Section 89-66 A for interior office
space without additional off-street parking spaces on the premises
located at 620 Fifth Avenue, said premises being known and designated
on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Lot
33 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.
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 2141
Application of Peter Liguori and Hannah Cox for variances from Section
89-34 B(1) for a Certificate of Occupancy for a front two-story addition
with a front yard of 29.7 ft. where 30.0 ft. is required and from Section
89-57 to increase the extent by which the building fails to meet such area
requirements for a residence in an R-7.5 Zone District on the premises
located at 46 Echo Lane and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 117 Lot 119.
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November 22, 1994
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John Weiss, of Atelier East Builders, appeared. He stated that a
three-inch mistake had been made which was picked up when the final survey
was made.
After review, on motion of Ms. Recio, seconded by Mr. Wexler, the
following resolutions were proposed and adopted unanimously, by a vote of
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; 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. Simon, seconded by Ms. Recio, the following resolution
was ADOPTED unanimously, by a vote of 4-0.
WHEREAS, Hannah Cox and Peter Liguori have submitted a request to the
Building Inspector to obtain a Certificate of Occupancy for a front
two-story addition constructed under Building Permit No. 12405 on the
premises located at 46 Echo Lane and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 117 Lot 119; and
WHEREAS, the Building Inspector has declined to issue such Certificate
on the grounds that the addition as constructed failed to comply with
the Town of Mamaroneck Zoning Ordinance with particular reference to
Sections 89-34 B(1) and 89-57; and
WHEREAS, Ms. Cox and Mr. Liguori 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 error in construction was not found until the completion
of the addition.
2. The requested variances are extremely minimal.
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November 22, 1994
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3 . The granting of these variances are 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.
4. 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, qnfety
and welfare of the community.
5. 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 Hannah Cox and Peter
Liguori for variances from Section 89-34 B(1) , and 89-57 for a
Certificate of Occupancy for a front two-story addition with a front
yard of 29.6 feet on the premises located at 46 Echo Lane, said
premises being known and designated on the Tax Assessment Map of the
Town of Mamaroneck as Block 117 Lot 119 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.
APPLICATION NO. 6 - CASE 2142
Application of Edith Frater requesting variances from Sections 89-36 B(3)
and 89-36 B(2) (a) to construct a rear yard deck and side entry platform
with a rear yard of 11.0 ft. where 25.0 ft. is required and a side yard
of 4.0 ft. where 8.0 ft. is required for a residence in an R-2F Zone
District on the premises located at 1 Nancy Lane and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 402 Lot 23.
Natalino Iamiceli, designer, appeared with Mrs. Frater, her daughter and
son-in-law. Mrs. Frater stated that she did not want to live alone in
her house any longer and that she wanted to make a new entrance to the
house for her daughter and her husband for privacy when they move in as
well as build a deck.
The members approved of the deck but did not understand the need for a
separate entrance. Mr. Gunther suggested that the Board grant the
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November 22, 1994
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variance for the deck and that Mrs. Frater file new plans showing the
interior layout. Ms. Recio stated that the deck needed more screening
than was available in the yard now.
After review, on motion of Mr. Wexler, 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 Ms. Recio, seconded by Mr. Simon, the following resolution
was ADOriiU unanimously, by a 4-0 vote.
WHEREAS, Edith Frater has submitted an application to the Building
Inspector, together with plans, to construct a rear deck on the
premises located at 1 Nancy Lane and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 402 Lot 23; 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
89-36 B(3) ; and
WHEREAS, Mrs. Frater 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 applicant is hindered by a corner property with two
front yards.
2. A deck 24-30 inches high is not particularly cumbersome.
3. The rear of the house, and the deck, faces a commercial
nursery.
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.
Zoning Board of Appeals
November 22, 1994
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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 applicant 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 Edith Frater for a
variance from Section 89-36 B(3) for a deck with a rear yard of 11.0
feet on the premises located at 1 Nancy Lane, said premises being
known and designated on the Tax Assessment Map of the Town of
Mamaroneck as Block 402 Lot 23 be and the same is granted, subject
to the following conditions.
1. More screening shall be added to the Palmer Avenue side of
the lot.
2. The deck shall be no higher than 30 inches, at the
building line, from the ground.
3. 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.
4. 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.
5. This decision shall be filed with the Town Clerk as
provided in Section 267-a(2) of the Town Law.
ADJOURNMENT
On motion of Ms. Recio, seconded by Mr. Wexler, the meeting was adjourned
at 9:35 PM.
Bonnie M. Burdick, Secretary