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HomeMy WebLinkAbout1991_10_03 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK OCTOBER 3, 1991, IN THE ate, TOWN CENTER , 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman k` ilfEo Thomas E. Gunther APR 13 Patrick B. Kelleher c � p� ,eo(00 J. Rene Simon MARQ«RK Arthur Wexler N.YNECK Also Present: rrr A. Hoffman, Jr. , Counsel Kevin Denton, Assistant Building Inspector Amy Tocci, 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 Negrin at 8:17 PM. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Kelleher, the minutes from June 26, 1991 were unanimously approved. On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of July 16, 1991 were approved as amended. On motion of Mr. Kelleher, seconded by Mr. Negrin, the minutes of July 23, 1991 were approved as amended. APPLICATION NO. 1 - CASE 1060 The Secretary read the application as follows: Application of Mr. J. Fiorello requesting a variance to retain an enclosed side porch. The porch as enclosed has a side yard of 6.0 feet and a total side yard of 28.68 feet where 10.0 feet and 30.0 feet are required pursuant to Section 89-32 B(2) (a) and (b) respectively and further the enclosure increases the extent by which the building is nonconforming pursuant to Section 89-57, in an R-15 Zone District on the premises located at 533 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Lot 206. James Fleming, architect, appeared with the owner, Joseph Fiorello. They stated that a roofed-patio has been in place since 1923. This structure has flooded as the property slopes to the back. Mr. Fiorello had enclosed the terrace with windows and a sliding door. The structure is unheated and is well-screened from the neighbors by bushes 7-8 feet high. October 3, 1991 -2- Mr. Negrin questioned whether the further incursion on open space by this proposal was warranted by the facts of the application. On,.motion of Mr. Gunther, seconded by Mr. Kelleher, 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 SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon; the following resolutions were adopted 4-0-1, Mr. Negrin abstaining. WHEREAS, J. Fiorello has submitted an application to the Building Inspector, together with plans, to retain an enclosed side porch on the premises located at 533 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Lot 206; 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 89-32'B(2) (a) & (b) and 89-57; and WHEREAS, Mr. Fiorello 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 footprint of the house is not increased. 2. There was a drainage problem. With a minimal change, the moisture problem is safeguarded; and the use of the property is increased. 3. IT would be a substantial hardship for the applicant to remove the structure or bring it into compliance. October 3, 1991 -3- 4. The granting of the variance is in harmony with the general purpocco 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 that the variance granted by this Board will accatplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-32 B(2) (a)&(b) 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 533 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Lot 206 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. 2 - CASE 1061 The Secretary read the application as follows: Application of Mr. and Mrs. J. Fiddelman requesting a variance from Section 89-35 B(2) (a) to reduce the side yard fran 8.0 feet required to 6.1 feet for the proposed construction of a family roan 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 24 Hamer Avenue and known on the Tax Assessment map of the Town of Mamaroneck as Block 120 Lot 73. Howard Robb, architect, appeared. He stated that the Fiddlemans have a small house on a large lot with limited living space on the first floor. They proposed moving the garage six feet and adding a 12 x 12 feet addition. Mr. Robb stated the windows of the addition will look out at grass in the neighbors' yard. Mr. Hoffman and Mr. Wexler concluded that, when the house was built, the side yard requirements had been 6 feet. • October 3, 1991 -4- On motion of Mr. Wexler,. seconded by. Mr. Gunther, it was 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 'oral law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. J. Fiddleman have submitted an application to the Building Inspector, together with plans, for the proposed construction of a family room on the premises located at 24 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Lot 73; 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) and.89-57; and WHEREAS, Mr. and Mrs. Fiddleman 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 proposed structure is no closer to the property line than the house. 2. The proposed structure is in conformity with the existing house and the neighborhood. 3. There will be more than 16 feet of open space between hour. 4. The current first floor space is far below the requirements for the zone. This addition brings the house more into conformity. 5. The variance granted is the minim►m, to alleviate the practical difficulty detailed in the application. October 3, . 1991 -5- . 6. The granting of the variance is in harmony with the general purpoco✓ 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) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a family roam on the premises located at 24 Hamer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Lot 73 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants ccatply 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 ccanpleted 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 1062 The Secretary read the application as follows: Application of Mr. and Mrs. J. Bruno requesting a Certificate of Occupancy for a one-story addition. The addition is required to have a front yard setback of 20.0 feet pursuant to a variance granted October 20, 1980 and has an actual front yard of 19.3 feet where 30.0 feet is required pursuant to Section 89-33 B(1) . Further, the addition increases the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 10 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Lot 160. Mr. Wexler recused himself as he had been the architect for the project in 1980. Joseph and Laura Bruno appeared. They stated that when their addition was built they had guaranteed the survival of a large, nearly historic. maple tree. The foundation beam was constructed over the tree roots. Many experts, including the then-Building Inspector Mr. Paonessa, supervised the building but never advised the Bruno of the need for a Certificate of Occupancy. The new variance is a request for less than 9 square feet. October 3, 1991 -6- On motion of Mr. Gunther, .seconded-by Mr. Simon, it was, by a vote of -0-1 4. ,:.Mr. Wexler abstaining: 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 byNew York State or corresponding local law, therefore requiring no further action under- SEQPA. On motion of Mr. Kelleher, seconded' by Mr. Gunther, the following resolutions were adopted 4-0-1,_ Mr. Wexler abstaining. WHEREAS, Mr. and Mrs. Joseph Bruno have submitted an application to the Building Inspector, together with plans, to obtain a Certificate of Occupancy for a one-story addition on the premises located at 213 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Lot 610; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to fly with the Town of Mamaroneck Zoning Ordinance' with particular reference to Sections 89-33 B(1) and 89-57; and WHEREAS, Mr. and Mrs. Bruno submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary heard ip 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 permit is sought on the following grounds: . 1. ' An unusual tree determined the layout of the addition. 2. " The addition varies 9" from the approved plan. 3.. The applicant represented that the Building Inspector approved the construction as it progressed. 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. October 3, 1991 -7- 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 FIRMER RESOLVED, that a variance is hereby granted and that Sections 89-33 B(1) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the issuance of a Certificate of Occupancy on the premisco located at 10 Ellsworth Road and known on the Tax Assessment Map of the Tawn of Mamaroneck as Block 213 Lot 160 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 Tawn 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 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 1063 The Secretary read the application as follows: Application of Mr. and Mrs. C. Piston requesting a Certificate of Occupancy for a front addition and an existing shed. The addition is required to have a side yard of 32.04 feet pursuant to a variance granted May 27, 1987 and has an actual side yard of 23.04 feet where 35.0 feet is required pursuant to Section 89-3- B(2) and also the addition increases the extent by which the structure is nonconforming pursuant to Section 89-57. The shed as exists is not in the rear one-third of the lot as it has a front setback 65.0 feet where 83.3 feet is required and has 0.0 feet clearance from the side property line where 5.0 feet is required pursuant to Section 89-30 B(3) (b) , in an R-50 ZOne District on the premises located at 214 Hammocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 41. Howard Cohen, architect, and Carmine Piston appeared. Mr. Cohen explained that an error had been made in reading the survey. The 32 was inverted to 23. The shed was on the property when Mr. Piston bought it. It is built into a high wall. Were it built on the required part of the lot, the shed would be subject to a water problem. It is needed for storage as the house could not be built with a cellar. 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 October 3, 1991 -8- FURTHER RESOLVED, that thi°- is a Type II Actioh-having no significant impact on-the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQPA. The Board decided to act on the two variance requests separately. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Carmine Pistone have submitted an application to the Building Inspector, together with plans, for a Certificate of Occupancy for a front addition on the premises located at 215 Hammocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 41; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Tawn of Mamaroneck Zoning Ordinance with particular reference to Section 89-30 B (2) ; and WHEREAS, Mr. and Mrs. Pistone submitted an application for a permit 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. There would be a financial hardship to make the addition conform to the variance. 2. It was intended that the variance be 23.04'; the applicant represented that an inadvertent error was made. 3. As found by an earlier Zoning Board, there is very little impact on the property line; the addition was built as it was presented to the Zoning Board. 4. The variance granted is the min;mim, 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 • October 3, 1991 -9- 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 89-30B(2) of the Zoning Ordinance be varied and modified so as to allow the issuance of a Certificate of Occupancy for the premises located at 215 Hammocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 41 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 it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. carmine Piston have submitted an application to the Building Inspector, together with plans, for a Certificate of Occupancy for a shed on the premises located at 215 Hammocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 41; 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 89-30B(3) (b) and 89-57; and WHEREAS, Mr. and Mrs. Piston submitted an application for a permit 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, FORE, 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. There would be a financial hardship to move this structure. 2. The shed was constructed prior to the present ownership and was shown on a survey in 1954. October 3, 1991 -10- 3. The current placement of the shed is more appropriate than in the rear one-third of the property. Were it placed to Code, the shed would be more exposed to passers-by and more visible from the Harbor. Currently, it is screened from the neighbors and is built to suit a country-like setting. 4. Because of the harbor and the flood plain, there is significant limitation to placing the structure in a conforming location. 5. The variance granted is the minimum 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 89-30B(3) (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the issuance of a Certificate of Occupancy for the premises located at 215 Hammocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 41 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 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 1064 The Secretary read the application as follows: Application of Mr. & Mrs. E. Bendix requesting variance to retain a three car detached garage. The structure as exists is not located in the rear one-third of the lot as it is set back 127.0 feet where 162.0 feet is required pursuant to Section 89-35 B(3) (b) , in an R-6 Zone District on the premises located at 6 Harmony Drive and known on the Tax Assessment map of the Town of Mamaroneck as Block 409 Lot 441. Mr. and Mrs. Bendix appeared on behalf of the application. Mrs. Bendix stated that the garage had been built when the house was built in 1934. There could be no other location for the garage as the land behind the garage slopes and is full of outcroppings of rock. October 3, 1991 -11- On motion of Mr. Gunther, seconded by Mr. Kelleher, 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 SEQRA. On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. E. Bendix have submitted an application to the Building Inspector, together with plans, to retain a three-car garage on the premises located at 6 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 441; 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 89-35B(3) (b) ; and • WHEREAS, Mr. and Mrs. Bendix 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. There would be an enormous expense and hardship to move the garage. 2. There is no other practical area to place the garage. Behind the garage there is a steep grade with large outcroppings of rock. 3. The garage has been in this space since 1934, at least. 4. The applicant purchased the house in 1968 without knowledge of the lack of a Certificate of Occupancy. 5. The structure is 127 feet from the street. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. October 3, 1991 -12- 7. 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. 8. The strict application of the Zoning Ordinance and Tawn 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 89-35B(3) (b) of the Zoning Ordinance be varied and modified so as to allow the retention of a three-car garage on the premises located at 6 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 441 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 it is FUR= RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 6 - CASE 1065 The Secretary read the application as follows: Application of Ten Grand, Inc. requesting variances for an addition to a Supermarket. The proposed addition would have 305 parking spaces where 409 spaces are required and, of the parking supplied, twelve (12) spaces are 9.0' x 19.0' where 9.0' x 20.0' is required, both pursuant to Section 89-66A and Section 89-3 respectively; further, the building has lot coverage of 29.9% where 25% is the maximum allowed pursuant to Section 89-41 A(3) and the extension will increase the extent by which the property is nonconforming pursuant to Section 89-57, in an Urban Renewal Zone District. Additionally the "Finast" sign on the Weaver Street frontage would have same individual lettering 4.0 feet high which is prohibited pursuant to Section 14-33B and would face a residential district which is prohibited pursuant to Section 14-33G. Finally the . "Ferndale Center" sign as placed on the Boston Post Road would have a logo 6.0 feet high and would itself be 6.0 feet high where 3.0 feet is the maximum height allowed for a sign or for individual letters or logos pursuant to Section 14-33B on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463. • October 3, 1991 -13 Donald Mazin, attorney, Richard Rheaume, engineer, and Fred Coleman and Jack Reardon, architects, appeared on behalf of the application. They explained that Finast would terminate its lease if it could not add to the store to make it approximately 40,000 square feet. This application had been before the Planning Board and the Board of Architectural Review. Many proposals had been submitted to the Planning Board with this last one being accepted. In this proposal, part of the paper street is utilizedafor truck traffic to the back of the stores. Mr. Mazin and Mr. Coleman displayed site plans and architectural renderings of the facade and the signs. ADJOUETIME II Mr. Negrin adjourned the meeting at 10:50 PM and reopened it at 11:00 PM. A number of neighbors were in the audience. Those who spoke were 1)Edie Reidy, 33 Weaver Street; 2)Alkan Oral, 5 Hammocks Road; 3)Steven Kronenberg, 66 Howell Avenue; 4)Steve Circelli, 9 Harmony Drive; *Richard Hesel, 118 Carleon Avenue; 6)Elissa Maccrone, 130 Carleon Avenue; 7)Paul Sutter, 3 Harmony Drive; 8)Gordon Oppenheimer, 50 Howell Avenue; and 9)Robert Lunde, 9 Ferndale Place. They complained about bright lights being on all night, excessive noise, particularly during early morning hours, the proposed_large signs, the callousness to the neighbors of the supermarket management, the failure to keep promises made in prior years, the lack of a convincing claim of practical difficulty or unnecessary hardship, and the lack of care for the children going to school.. Mr. Negrin stated that this application would be adjourned to the next meeting if the applicant consented and polled the Board to determine the additional information the applicant would need. Mr. Gunther requested more information about the practical difficulty - i.e. the reason for the variances - and plans for noise abatement. Mr. Wexler wanted to know haw the applicant would handle garbage, the design for concrete barriers, details about the facade and the effect of an as-of-right sign. Mr. Kelleher also was concerned about waste disposal. Mr. Simon had a hard time seeing the hardship and wanted more details about the truck traffic, arrangements for the children and more screening. Mr. Negrin requested more information about the local competition - the size, economics, etc. He also wanted to see an interior layout and the traffic study.. Mr. Negrin stated that one day to study parking in the lot was insufficient. He wanted a clearer understanding about the truck traffic. He had Mr. Mazin confirm that he and the other members had all the papers necessary for the application. Mr. Negrin requested information for the members well before the next meeting. On motion of Mr. Gunther, seconded by Mr. Simon, and with the consent of Mr. Mazin, this application was adjourned to the next meeting. NEXT MEETING The Board decided to meet October 30th with only 4 applications. If necessary, it will meet November 20th. Then it will meet again on December 4th. October 3, 1991 -14- APPLICATION NO. 7 - CASE 1066 The Secretary read the application as follows: Application of Ms. J. Gault requesting a variance from Section 89-32 B(2) (c) to retain a shed. The shed as erected for an accessory structure is not located in the rear one-third of the lot and has a front setback of 110.0 feet where 129.10 feet is required, in an R-15 Zone District, on the premises located at 3 Oakdale Road and known on the Tax Assessment Map of the Tawn of Mamaroneck as Block 224 Lot 527. Jane Gault appeared. She stated that the shed had been there for 20 years. To the rear of the shed, there is a downward slope and rock outcroppings 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 SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Ms. J. Gault has submitted an application to the Building Inspector, together with plans, to retain a shed on the premises located at 3 Oakdale Road and ]mown on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Lot 527; 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 89-32 B(2) (c) ; and WHEREAS, Ms. Gault 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. It would be a hardship to move the shed. October 3, 1991 -15- 2. There are extensive rock outcroppings in the back yard and a dwonward grade behind the shed. . 3. The shed is set 110 feet back from the front property line which is a considerable distance from the street 4. The shed is'adjacent to a wall. 5. If the shed were further back on the property, it would intrude upon Rebeau Road. - 6. The variance granted is the min;mim, to alleviate the practical difficulty detailed in the application. 7. 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. 8. 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 89-32 B(2) (c) of the Zoning Ordinance be varied and modified so as to allow the retention of a shed on the premises located at 3 Oakdale Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Lot 527 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 1067 The Secretary read the application as follows: Application of Mr. and Mrs. J. Preston requesting variances to retain an enclosed porch and for the proposed construction of a second-floor addition. The additions would have side yards of 6.05 feet and 8.58 where a min;mum, of 10.0 feet is required pursuant to Section 89-34 B(2) (a) and a total side yard of 14.63 feet where 20.0 feet is required pursuant to Section 89-34 B(2) . Further, the additions increase the October 3, 1991 -16- extent by which the structure is nonconforming pursuant to Section 89-57, in an R-7.5 Zone District, on the premisec located at 86 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Lot 57. Mr. Simon recused himself because of a former professional involvement with the house. Lawrence Gordon, architect, and Mrs. Preston appeared on behalf of the application. Mr. Gordon stated that the Prestons wanted to add a second floor to an existing first floor rwut to enlarge a bedroom. Also they wanted to enclose a screened porch. Said porch would remain unheated. Mr. Gordon stated that the neighbors most effected have no objections. One neighbor, Mrs. Heimann, of 88 Edgewood, when assured that any further construction to the screened porch would require another variance, gave her favorable opinion. Mr. Wexler noted that all of the houses on this street are set back disproportionately from the street. In addition, this house is burdened by the hill upon which it sits. On motion of Mr. Gunther, seconded by Mr. Negrin, by a 4-0-1 vote, Mr. Simon abstaining, the Board 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. Gunther, the following resolutions were adopted, 4-0-1, Mr. Simon abstaining. WHEREAS, Mr. and Mrs. J. Preston have submitted an application to the Building Inspector, together with plans, to retain an enclosed porch and to construct a second-floor addition on the premises located at 86 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Lot 57 ; 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(2) (a) &(b) ; and WHEREAS, Mr. and Mrs. Preston 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; October 3, 1991 -17- NOW, THEREFORE, BE TT 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 house and its lot are burdened by the steep grade on the front of the property. 2. The lot is 70' wide rather than the 75' width of the Code. The house is set back from the street more than 38 feet with 30 feet required contributing to a more open feeling. 3. The only practical place available for the addition is the second floor. 4. The footprint of the house will not be changed. 5. The neighbors are only minimally affected. 6. Enclosing the porch makes it more usable. 7. The neighbor most affected by enclosing the porch does not object. } 8. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 9. The granting of the variance is in harmony with the general purpoccc and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 10. 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 89-34 B(2) (a) and (b) of the Zoning Ordinance be varied and modified so as to allow the retention of an enclosed porch and a second -floor addition on the premises located at 86 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Lot 57 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 October 3, 1991 -18- FURTHER RESOLVED, that this decision be filed with the Tcwn Clerk as provided in Section 267 of the Town Law. ***** ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Gunther, the meeting was adjourned at 12:50 AM. • Bonnie M. Burdick