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HomeMy WebLinkAbout1997_10_29 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK OCTOBER 29, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman Patrick B. Kelleher T. Jillian A. Martin 1`2' )� J. Rene Simon 4 Arthur Wexler Also Present: Judith M. Gallent, Counsel RECEIVED William E. Jakubowski, Building Inspector .h Michelle Nieto, Public Stenographer ti Terranova, Kazazes & Associates, Ltd. 49 Eighth Street I New Rochelle, New York 10801 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 7:45 p.m. APPROVAL OF MINUTES Mr. Gunther informed the Board that the Minutes will be reviewed at the end of the meeting. The Secretary read the application as follows: APPLICATION NO. 1 - CASE 2277 (adjourned 7/29/97; 9/4/97) Application of Mr. & Mrs. K. Doyle requesting a variance to maintain a rear deck and storage rooms finished in the cellar. The use of the premises as a legal nonconforming two family residence prohibits the enlargement or extension of the structure pursuant to Section 240-68A; therefore, the issuance of a permit for an existing deck is prohibited; further, the alteration of the cellar for separate storage rooms is an extension of the nonconforming use into parts of the building by alteration which is prohibited pursuant to Section 240-68B all for a two family residence in a one family residence R-6 Zone District on the premises located at 15-17 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 74. There was no one present at this time to present this application. The Secretary read the next application as follows: APPLICATION NO. 2 - CASE 2291 Application of Thomas Krisanda for Larchmont Organic, Inc., d/b/a Nature's Warehouse requesting a variance to add two(2)signs to two(2)existing pole signs. The erection of two signs attached to existing pole signs is prohibited,as the existing signs are non-conforming pursuant to Section 175-11C; further, the signs you request to add as directory signs are 10 sq. ft. in area where a maximum of 8 sq. ft. per tenant is allowed pursuant to Section 175-11M; and further, the type of lettering proposed differs from the lettering of the existing signage where all lettering on directory signs must be the same pursuant to Section Zoning Board October 29, 1997 Page 2 175-11M all for signage located on a Business Property in a Service Business Zone District on the premises located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 137. Bob Lewis of White Plains Sign, 178 Grady Avenue, Hawthorne and David Robing of 202 W. 72nd Street appeared. Mr. Lewis said the applicant is before the Board regarding the above-referenced signage,which has already been approved by the Board of Architectural Review (BAR). Mr. Gunther read a memo received from the BAR, dated July 25, 1997, in support of this application. Ms. Martin asked what the lettering color will be. Mr. Lewis said it will be a white background with red lettering on Nature's Warehouse and the reverse on the remaining. Mr. Wexler asked if the directory sign as shown on the board is duplicated on the other side, which Mr. Lewis verified. A discussion ensued regarding the color red proposed to be used for the signage, a sample of which was shown on the presentation before the Board. Mr. Gunther asked if there were any other questions from the Board members. Mr. Kelleher said in regard to the memorandum from the BAR, it inferred that the signage issue be made legal. Mr. Gunther reiterated that portion of the memo. Ms. Gallent then read Section 175-11C of the Sign Law pertaining to this issue. Ms. Martin asked if this type of variance has a time limitation. Ms. Gallent said the variance is limited to a period not exceeding two years from the date granted. The Sign Law states that in granting a variance the Board must consider the factors that are set forth in New York State Town Law § 267-b. If granted, a condition should be made stating same. Ms. Martin asked how the two year renewal is controlled and signage maintained. Ms. Gallent said if an application is not made for renewal of the variance and the signage is maintained, the Building Department can issue a violation. A discussion ensued regarding the timing of the submission for the proposed current signage application. Ms. Gallent informed the Board, for the record, that this is an unlisted action under SEQRA. A discussion ensued regarding the type of variance requested and the types available; i.e. sign variance, area variance, and the disposition of same in dealing with SEQRA. Mr. Gunther asked if there were any other questions from the Board or the public. There being none, Mr. Gunther read a proposed Negative Declaration. Mr. Wexler suggested that a correction be made to the Short Environmental Assessment Form, #8, from yes to no, which was done. Zoning Board October 29, 1997 Page 3 On a motion made by Mr. Gunther, seconded by Mr. Simon, the Negative Declaration was unanimously approved, 5-0. Ms. Gallent said the matter was referred to the Westchester County Planning Board. Ms. Gallent spoke with James Mast who said the Board did not have any comment on the matter. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolution was proposed and ADOPTED unanimously, 5-0. WHEREAS, this application is an unlisted action pursuant to SEQRA; and WHEREAS, the EAF reveals that the action as proposed will not result in any significant adverse environmental impact. NOW THEREFORE, BE IT RESOLVED, that the Board adopt a Negative Declaration, a copy of which is annexed hereto. On motion of Ms. Martin, seconded by Mr. Gunther, the following resolution was ADOPTED: WHEREAS, Nature's Warehouse has submitted an application to the Building Inspector, together with plans to add two (2) signs to two (2) existing pole signs. The erection of two signs attached to existing pole signs is prohibited, as the existing signs are non-conforming pursuant to Section 175-11C; further, the signs you request to add as directory signs are 10 sq. ft. in area where a maximum of 8 sq. ft. per tenant is allowed pursuant to Section 175-11M; and further, the type of lettering proposed differs from the lettering of the existing signage where all lettering on directory signs must be the same pursuant to Section 175-11M all for signage located on a Business Property in a Service Business Zone District on the premises located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 137; 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 175-11C, Section 175-11M; and WHEREAS, Nature's Warehouse 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; and WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as required by Town Law §175-15 and New York State Town Law §267-b: 1. The Board finds that the benefit to the applicant outweighs any detriment to the health, safety and welfare of the neighborhood if the variance sought is granted. In reaching this conclusion, the Board considered the following factors: A. There will be no undesirable change produced in the character of the neighborhood, due to the general commercial character of the area and existing signage of similar type. B. There is no reasonable alternative, given that the applicant would like to have a sign on the Post Road to advertise its business. Zoning Board October 29, 1997 Page 4 C. It is not a substantial variance. D. The variance will have no adverse impact on the conditions in the neighborhood, as the proposed sign is in keeping aesthetically with the current signage. E. There has been no self-created difficulty, as the applicant is dealing with a situation that occurs generally in the area. F. 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. G. The variance is the minimum necessary 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. H. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is granted, subject to the following conditions: 1. Pursuant to Section 175-15(C)of the Sign Law, this variance shall be limited to two (2) years from the date hereof. The applicant must apply to the Board for renewal of the variance thereafter in order to maintain the signage approved herein. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. A discussion ensued regarding the importance of proposed signage for business in that location. Ms. Gallent informed the Board, as a point of information,that usually an unlisted action has to be referred to the Coastal Zone Management Commission (CZMC), but a memo was received from the CZMC waiving its jurisdiction over sign variances. Therefore, sign variances no longer have to be referred to the CZMC. The Secretary read the next application as follows: APPLICATION NO. 3 - CASE 2292 Application of Frederick Arnold requesting an extension of a variance granted December 18, 1996 to construct a front entry canopy with a front setback of 37.5 ft. where 40.0 ft. is required pursuant to Section 240-35B for a residence in an R-20 Zone District on the premises located at 3 York Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 227 lot 42. Mr. Gunther said there are no applicants present for case #3; and APPLICATION NO. 4 - CASE 2293 Application of Ned Stoll for Mr. and Mrs. Mark Wojciechowski requesting an extension of a variance granted March 26, 1997 to construct a bedroom and bath addition with a rear yard of 21.0 ft. where 25.0 ft. as required pursuant to Section 240-37B(3); and further, the addition increases the extent by which the Zoning Board October 29, 1997 Page 5 building is non-conforming pursuant to Section 240-69 for a residence in an R-10 Zone District on the premises located at 20 Glen Eagles Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 109 lot 1460. Both matters involve an extension of time for variances previously granted. Mr. Gunther indicated that he had no objection to granting an extension for another six (6) months for both cases. After some discussion, on motion of Mr. Gunther, seconded by Ms. Martin, the following resolution was proposed and adopted unanimously, 5-0. RESOLVED, that this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR §617 et seq. Accordingly, no further action under SEQRA is required. On motion of Mr. Gunther, seconded by Ms. Martin, the following resolution was ADOPTED: WHEREAS, Frederick Arnold has submitted an application to the Building Inspector requesting an extension of a variance granted December 18, 1996 to construct a front entry canopy with a front setback of 37.5 ft. where 40.0 ft. is required pursuant to Section 240-35B for a residence in an R-20 Zone District on the premises located at 3 York Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 227 lot 42; 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 NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. The applicant shall obtain a building permit no later than April, 1998; 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. Construction shall be in substantial compliance with the plans submitted in connection with the original application for which a variance was granted on December 18, 1996. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. On motion of Mr. Gunther, seconded by Ms. Martin, the following resolution was proposed and adopted unanimously, 5-0. RESOLVED, that this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR §617 et seq. Accordingly, no further action under SEQRA is required. On motion of Mr. Gunther, seconded by Ms. Martin, the following resolution was ADOPTED: WHEREAS, Mr. & Mrs. Mark Wojciechowski have submitted an application to the Building Inspector, requesting an extension of a variance granted March 26, 1997 to construct a bedroom and bath addition with a rear yard of 21.0 ft. where 25.0 ft. as required pursuant to Section 240-37B(3);and further, the addition increases the extent by which the building is non-conforming pursuant to Section 240-69 for a residence in an R-10 Zone District on the premises located at 20 Glen Eagles Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 109 lot 146; and Zoning Board October 29, 1997 Page 6 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 NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. The applicant shall obtain a building permit no later than April, 1998; 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. The requirement for screening contained in the March 26, 1997 certification shall be complied with; 4. Construction shall be in substantial compliance with the plans submitted in connection with the original application for which a variance was granted on March 26, 1997. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. Mr. Gunther asked if anyone was now present for application#1, case#2277, Mr. &Mrs. K. Doyle. No one responded. It is the third time the case has been called. The matter will be adjourned to the next meeting and if no one appears, the matter will be dropped from the public notice next month. Ms. Gallent asked the secretary to call and advise the applicant. APPROVAL OF MINUTES A motion made by Mr. Simon to approve the Minutes of September 24, 1997, seconded by Mr. Gunther and unanimously approved, 5-0. OTHER BUSINESS Ms. Gallent updated the Board on the Pressman matter which was overturned by the Supreme Court. The Supreme Court decision was overturned by the Appellate Division. Basically the Board's ruling was reinstated and the columns are not legal. Ms. Gallent informed the Board that the Hoffmann case is being argued on December 2, 1997 in Brooklyn. NEXT MEETING After some discussion by the Board, the next meeting of this Board will be held on November 19, 1997. ADJOURNMENT On a motion made and seconded, the meeting was adjourned at 8:10 p.m. -31'� Mattuerite Roma, Recording Secretary