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HomeMy WebLinkAbout1993_09_22 Zoning Board of Appeals Minutes -Den- - - MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 22, 1993, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Thomas E. Gunther, Chairman Patrick E. Kelleher CCCaKEi�B �CC1Q Nina Recio sip J. Rend Simon 3Q 1993 Arthur Wexler PATRICIA A.T iC10r A; ik R�ON'EC Also Present: John Kirkpatrick, Counsel N.v Michelle Bonsteel, Assistant Building Inspector C. Alan Mason, CZMC Laurie Fletcher, 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 8:28 PM. APPLICATION NO. 1 - CASE 2071 The Secretary read the application as follows. Application of Santina Pittera, 30 Lester Place, adjourned from August 25, 1993. Donald Mazin, attorney, appeared with Lawrence Gordon, architect, and the owner's daughter, Sandra Longhi. The applicant presented two parking plans. One had four cars parked in tandem fashion and encroaching into the Town's right-of-way. The other plan would have an asphalt pad in the back yard and would necessitate the removal of a large tree. A cost estimate of $8,437 had been received for this plan. A petition was presented which all of the neighbors had signed stating that there was no parking problem on Lester Place (50% of the signers of the petition were residents in building owned by the applicant). Mr. Mazin asked that the parking requirement be waived as there is no problem. The applicant by Sandi Longhi, her daughter, had appeared before the ZBA in the Auricchio matter (to permit a space adjacent to Lester Place to be developed) to protest that application on the grounds that parking was indeed a severe problem on Lester Place because of the existing surrounding business employer utilizing parking spaces on the street. The Board noted that the applicant's request was for a significant variance and that she had made no attempt to add more off-street parking. The requirement is for 8 spaces; 2 are provided. Despite the Board's firm request to consider parking alternatives, the applicant chose to request a Zoning Board of Appeals September 22, 1993 -2- variance granting no additional parking. The Board also noted that parking in the Town is often a problem on streets adjacent to commercial areas. Lester Place is no exception. After review, on motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were proposed and adopted unanimously. RESOLVED, that the Zoning Board of Appeals finds that this is an Unlisted Action requiring no coordination with other agencies and thus the Board is solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this Action will have 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 defeated by a vote of 3 - 2, Mr. Gunther, Ms. Recio and Mr. Wexler opposed. WHEREAS, Santina Pittera has submitted an application to the Building Inspector, together with plans to allow off-street parking for 2 vehicles where 8 spaces are required, to allow a 4.0 ft. setback for an unenclosed off-street parking facility and to allow vehicles to back out into a public street on the premises located at 30 Lester Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Lot 128; 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 89-67 A and 89-67 B; and WHEREAS, Mrs. Pittera 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 current parking situation has been in effect for many years. 2. 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. C. Zoning Board of Appeals September 22, 1993 -3- 3. 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. 4. 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 Santina Pittera for variances from Section 89-67 A to allow off-street parking for 2 vehicles, from Section 89-67 B to allow a 4.0 ft. setback for an unenclosed parking facility and to allow vehicles to back out into a public street for a house located at 30 Lester Place, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Lot 128 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. Failing to obtain the necessary majority of the members to overrule his decision, the decision of the Building Inspector is therefore confirmed and the application for variances is DENIED. ***** APPLICATION NO. 2 - CASE 2077 The Secretary read the application as follows. Application of Mr. and Mrs. Arthur Spielman, 284 Murray Avenue, adjourned from August 25, 1993. Mr. Spielman appeared. He stated that he wished to build a deck as there is an unusable mound of dirt and rock in his back yard which also slopes away from the house. 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; Zoning Board of Appeals September 22, 1993 -4- 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 adopted unanimously. WHEREAS, Mr. and Mrs. Arthur Spielman have submitted an application to the Building Inspector, together with plans to build a deck with rear stairs on the premises located at 284 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 646; 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 89-33 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Spielman 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 deck as presented will be no closer to the rear lot line than the house. 2. The design is in harmony with the house. 3. The rear yard slopes away from the house, severely limiting the area for household use/recreation. 4. The rear yard is heavily screened. 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 reasona' :.e use. Zoning Board of Appeals September 22, 1993 • -5- NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Arthur Spielman for variances from Sections 89-33 B(3) and 89-57 for a deck with a rear yard of 12.0 ft. on the premises located at 284 Murray Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Lot 646 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. 3 - CASE 2079 The Secretary read the application as follows. Application of Alfredo Gulla requesting variances from Section 89-41.1 C for lot coverage of 25.18% where 25.0% is required, from Section 89-41.1B for a rear yard of 10.0 ft. where 25.0 ft. is required, from Sections 89-70A and 89-3 for the lack of an off-street loading space, from 89-3 for less than the minimum parking space size of 82 x 18' , and from Sections 89-68 and 89-3 for 5 parking spaces with less than standard maneuvering areas for a new car dealership in an SB(Service Business) Zone District 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 & 134. Walter DeVivo, architect, appeared. He explained his changes to his drawings which involved new sizes for parking spaces, a new handicapped parking space placement and a different dumpster placement. He stated that the buffer zone is well screened and that the building will be lower than the current one. The ZBA could not vote on the project, because SEQRA determination has not been made by the Planning Board. However, all of the individual members indicated that they favored the application With the consent of the applicant, on motion of Mr. Gunther, seconded by Mr. Simon, this matter was adjourned until the next meeting. ***** NEXT MEETING The next meeting of this Board will be October 20, 1993 at 7:30 PM. Zoning Board of Appeals September 22, 1993 -6- APPLICATION NO. 4 - CASE 2080 The Secretary read the application as follows. Application of Mr. and Mrs. Jerry Schulman requesting variances from Section 89-35 B(1) to construct a raised roof, second-floor addition with a front yard setback of 8.5 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 a R-6 Zone District on the premises located at 40 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Lot 244. Harry Wenning, architect, appeared. He stated that the Schulmans wanted to build a new room above their garage while in the process of re-roofing their house. After review, on motion of Mr. Gunther, 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. Kelleher, seconded by Ms. Recio, the following resolutions were adopted unanimously. WHEREAS, Mr. and Mrs. Jerry Schulman have submitted an application to the Building Inspector, together with plans to construct a second-floor addition on the premises located at 40 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Lot 244; 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(1) and 89-57; and WHEREAS, Mr. and Mrs. Schulman 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: Zoning Board of Appeals September 22, 1993 -7- 1. The house is burdened by two front yards. 2. The footprint of the existing structure will not be changed. 3. Several neighbors have written letters favoring the application. 4. 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. 5. 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. 6. 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 Mr. and Mrs. Jerry Schulman for a variance from Sections 89-35 B(1) and 89-57 for a second-floor addition with a front yard of 8.5 feet on the premises located at 40 Colonial Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Lot 244 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 The Secretary read the application as follows. Application of Dr. Philip Heinigg requesting variances from Section 89-66 A to construct a work/hobby room replacing an attached one-car garage with the required off-street parking 15.8 ft. from the front line where 25.0 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 59 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Lot 305. Zoning Board of Appeals September 22, 1993 -8- Dr. Heinigg appeared. He stated, with verification by the Assistant Building Inspector, that his office had been moved from his house and that his wife wanted to change the garage to a studio. Windows would be added, but the use could be reverted back to a garage at any time. After review, on motion of Mr. Gunther, seconded by Mr. Wexler, 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 4 - 1, Ms. Recio opposed. WHEREAS, Dr. Philip Heinigg has submitted an application to the Building Inspector, together with plans to use his garage as habitable space and to use the driveway for an unenclosed, off-street parking space on the premises located at 59 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Lot 305; 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 89-57; and WHEREAS, Dr. Heinigg 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; 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. One of the proposed parking spaces is completely screened from the street. 2. The driveway will easily hold two cars. 3. There is a large space from the curb to the garage. 4. The Board had previously granted a variance to Dr. Heinigg for off-street parking at this location for a professional office in his residence, which has been vacated with the departure of the home office. Zoning Board of Appeals September 22, 1993 -9- 5. 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. 6. 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. 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 Dr. Philip Heinigg for a variance from Section 89-66 A for use of the garage as habitable space and to use the driveway for an unenclosed off-street parking space 15.8 feet from the front lot line on the premises located at 59 Harrison Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Lot 305 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. ADJOURNMENT On motion of Mr. Simon, seconded by Mr. Kelleher, the meeting was adjourned at 10:05 PM. Bonnie M. Burdick