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HomeMy WebLinkAbout1993_10_20 Zoning Board of Appeals Minutes DeA i MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK 10 OCTOBER 20, 1993, IN THE SENIOR CENTER, TOWN CENTER 400 g„ 740 WEST BOSTON POST ROAD / IC �� MAMARONECK, NEW YORK fCO tcs` Present: Thomas E. Gunther, Chairman 'V. h® a�i��`p�CCiQ t Patrick E. Kelleher Qt;3100(60k Nina Recio e9 M. b J. Rene Simon Arthur Wexler V Also Present: John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector C. Alan Mason, CZMC Lisa Hobbie, 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 7:38 PM. APPLICATION NO. 1 - CASE 2079 The Secretary read the application as follows. Application of Alfredo Gulla, 2533 Boston Post Road, adjourned from September 22, 1993. Walter DeVivo, architect appeared. He reiterated the plans for a new car dealership and stated that this matter is scheduled to heard by the Zoning Board of the City of New Rochelle for that portion of the property which is located in the city. Mr. DeVivo stated that the Planning Board had granted a Special Use permit and that the CZMC had reviewed the matter, particularly in regard to oil separators and trench drains. After review, on motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were adopted unanimously WHEREAS, Alfredo Gulla has submitted an application to the Building Inspector, together with plans to construct a new-car dealership on the premises located at 2533 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lots 1 and 34; 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 89-41.1 C, 89-41.1 B, 89-70 A, 89-3, and Zoning Board of Appeals October 20, 1993 -2- WHEREAS, Mr. Gulla 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; and WHEREAS, the Planning Board as Lead Agency has issued a Negative Declaration pursuant to SEQR; and 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 lot is irregularly shaped. 2. That portion of the land which is in the Town of Mamaroneck requires a minimal area variance. An additional portion of the site is within the City of New Rochelle. 3. The applicant has planned a well-landscaped buffer zone for the adjacent residential area. 4. The design of the building is attractive, and the nature of the business suits the current Business district. 5. This Business district is one which will benefit from additional improvement. 6. The granting of these variances 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 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, safety and welfare of the community. 8. 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 variances granted by this Board will enable such reasonable use. Zoning Board of Appeals October 20, 1993 -3- NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Alfredo Gulla for variances from Section 89-41.1 C, 89-41.1 B, 89-3 and 89-70 A to construct a new-car dealership with lot coverage of 25.18%, a rear yard of 10.0 feet, a 2.0-foot buffer zone and without the required dedicated off-street loading zone on the premises located at 2533 Boston Post Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Lots 1 and 134 be and the same is granted, subject to the following conditions. 1. The wash water and spillage from the shop floor shall be routed to the sanitary sewer system and not permitted to flow into the storm water runoff system as it would flow into Pine Brook and the Premium Marsh Critical Environmental Area. 2. 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. 3. 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. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** APPLICATION NO. 2 The Secretary read the application as follows. Application of Thomas Auchterlonie requesting an extension of time for a variance granted February 24, 1993 to maintain a deck pursuant to Section 89-34 B(2)(a), 89-34 B(3) and 89-57 in an R-7.5 Zone District on the premises located at 54 Maplewood Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 318. John Perone, attorney, appeared. He stated that New York State approval was required for the deck as it was within 8 inches of a garage. Application was made immediately upon the original approval,in February. On October 5, 1993 a letter was received from the State requiring more information. By memo, Mr. Jakubowski, Town Building Inspector, had notified the Zoning Board that it was his understanding that such approval could take more than six months. On motion of Ms. Recio, seconded by Mr. Simon, the following resolutions were adopted unanimously. WHEREAS, Thomas Auchterlonie has submitted a request to the Building Inspector for extension of the period of time for a variance on the premises located at 54 Maplewood Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 318; and Zoning Board of Appeals October 20, 1993 -4- WHEREAS, the Building Inspector has declined to issue such extension on the grounds that he lacks authority to do so; and WHEREAS, Mr. Auchterlonie submitted an application for a extension of the variances 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 variances are sought on the following grounds. 1. Despite timely filing of information to the State of New York, it has not ruled on the applicant's request which has caused the Building Department of the Town of Mamaroneck to be unable to issue a Building Permit. 2. The applicant appears to be taking all reasonable efforts to complete the process. 3. The variances granted are the minimum to alleviate the practical difficulty detailed in the application. 4. The granting of the variances 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 the land and/or building and the variances granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that the variances, which were previously granted by Board Resolution entered on March 2, 1993 are continued to modify Sections 89-34 B(2)(a), 89-34 B(3) and 89-57 of the Zoning Ordinance on the premises located at 54 Maplewood Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 318 in strict compliance with the plans filed with this application and with conditions set forth in the Certificate of Variance entered March 2, 1993 which are incorporated by reference herein, provided that the applicant 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 one year 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 Zoning Board of Appeals October 20, 1993 -5- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 3 - CASE 2082 The Secretary read the application as follows. Application of Carl Nathan requesting a variance from Section 89-67 B to maintain a family room converted from a garage with the required unenclosed off-street parking space 10.67 feet from the lot line where 25.0 feet is required for a residence in an R-6 Zone District on the premises located at 5 Edgewood Avenue and known on the Tax Assessment Map as Block 123 Lot 156. Carl Nathan appeared. He stated that the garage had been converted in 1969 prior to his purchase of the house and that soon the family would park only one car in the driveway. 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. Simon, seconded by Mr. Kelleher, the following resolutions were ADOPTED unanimously. WHEREAS, Carl Nathan has submitted an application to the Building Inspector, together with plans to maintain an existing garage conversion to family room on the premises located at 5 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 156; 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 89-67B; and WHEREAS, Mr. Nathan submitted an application for a 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 October 20, 1993 -6- 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 use of the space as habitable was affirmed in 1985 by the previous Building Inspector. 2. The use of the garage for living space, created prior to the ownership by this applicant, is not a self-created hardship. 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 preserves and protects 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 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 Carl Nathan for a variance from Section 89-67 B to maintain a garage conversion into habitable space with unenclosed off-street parking 10.67 feet from the lot line located at 5 Edgewood Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 156 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. 4 - CASE 2083 The Secretary read the application as follows. Application of Reynald Bonmati for variances from Section 89-30 B(1) for a 10.0 feet setback where 50.0 feet is required and from Section 89-30 B(3) Zoning Board of Appeals October 20, 1993 -7- as the court and pavilion will not be located in the rear one-third of the lot to construct a tennis court and a pavilion for a residence in an R-50 Zone District located on Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Lot 30. Leonard Weinberg, architect, appeared with the applicant. Mr. Bonmati stated that, once he had permission to build his tennis court, this piece of land would be joined with his house lot. An eight-foot chain link_, transparent fence will be installed, and drainage will be contained on the site. Mr. Weinberg was reminded that he would need to file for an erosion control permit. After review, on motion of Mr. Gunther, seconded by Mr. Kelleher, 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 I Action as determined by New York State or corresponding local law which will not have a significant effect on the environment. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were ADOPTED unanimously. WHEREAS, Reynald Bonmati has submitted an application to the Building Inspector, together with plans to build a tennis court and pavilion on the premises located on Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 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 Sections 89-30 B(1) and 89-39 B(3); and WHEREAS, Mr. Bonmati 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 drainage plan has been prepared with input from the Consulting Engineer of the Town of Mamaroneck. 2. The drainage from the tennis court will be contained on the site. Zoning Board of Appeals October 20, 1993 -8- 3. The use of the property is consistent with the scale of the neighborhood. 4. The placement of the house on the applicant's adjacent piece of property precludes the construction of a tennis court. 5. The granting of these variances 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 variances are 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. 7. 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 Reynald Bonmati for variances from Sections 89-30 B(1) and 89-30 B(3) for a tennis court and pavilion with a 10.0-foot setback and outside of the rear one-third of the lot on the premises located at Premium Point, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Lot 30 be and the same is granted, subject to the following conditions. 1. This parcel of land shall be merged with the applicant's adjacent parcel and such action recorded at the Office of the Westchester County Clerk prior to issuance of a Building Permit by the Town of Mamaroneck. 2. 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. 3. 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. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. Zoning Board of Appeals October 20, 1993 -9- APPROVAL OF MINUTES On motion of Mr. Gunther, seconded by Mr. Kelleher, the minutes of the meeting of August 25, 1993 were unanimously approved. NEXT MEETING The next meeting of this Board will be November 17, 1993 at 7:30 PM. ADJOURNMENT On motion of Mr. Simon, seconded by Mr. Kelleher, the meeting was adjourned at 8:30 PM. Bonnie M. Burdick