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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 : ' < ! 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, Zoning Board of Appeals November 22, 1994 -2- 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. Zoning Board of Appeals November 22, 1994 -3- 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; Zoning Board of Appeals November 22, 1994 -4- 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. Zoning Board of Appeals November 22, 1994 -5- 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. Zoning Board of Appeals November 22, 1994 -6- 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 Zoning Board of Appeals November 22, 1994 -7- 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 -8- 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