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HomeMy WebLinkAbout1992_09_23 Zoning Board of Appeals Minutes Deo MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 23, 1992, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther RECEIVED J. Rene Simon OCT j 7 1992 Arthur Wexler PATRICIA A.DiCIOCCIO T0W r CLERK Absent: Patrick E. Kelleher PFAMARONECK N.Y. Also Present: Nancy Rudolph, Counsel Michelle Bonsteel, Assistant Building Inspector, Marci Dustin, 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 8:18 PM. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes of June 3, 1992 were approved unanimously. On motion of Mr. Gunther, seconded by Mr. Wexler, the minutes of June 24, 1992 were approved unanimously. APPLICATION NO. 1 - CASE 2013 The Secretary read the application as follows. Application of the Town of Mamaroneck, 1361 Boston Post Road, adjourned from August 26, 1992. As this matter was before the Board solely for approval of written resolutions for decisions already made, Mr. Negrin postponed it to the end of the meeting. APPLICATION NO. 2 - CASE 2016 The Secretary read the application as follows. Application of Eric S. Philo, 124 Murray Avenue, adjourned from July 22, 1992. Mr. Negrin explained that three of the four members present would need to Zoning Board of Appeals, September 9, 1992 -2- vote together to grant or deny the variance and that Mr. Philo could adjourn his application. Steven Balazs, attorney, appeared with Mr. Philo. He explained the detailed brief which he had submitted. Mr. - Philo suffers from an illness which requires him to rest at home a great deal; and, according to the acoustical study performed, there would be a significant difference in benefit from a four-foot fence to a six-foot fence. The property is fronted with a dense hedge which will screen much of the proposed fence. Mr. Balazs emphasized that the request was for purposes of health, not privacy, and reminded the Board that Mr. Philo's neighbors had had no objection to a six-foot fence. Mr. Balazs stated that it was his opinion that the new Zoning Law would be more tolerant of such a health-related request. Mr. Negrin stated that, for him, the letter from Mr. Philo's doctor was too vague. Mr. Philo declined being more specific about the nature of his illness. After review, on motion of Mr. Gunther, seconded by Mr. Wexler, the following resolution was 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. Wexler, seconded by Mr. Simon, with Mr. Negrin abstaining, the following resolutions were adopted by a vote of 3 - 0 - 1. WHEREAS, Eric S. Philo has submitted an application to the Building Inspector, together with plans, to construct a six-foot- (6'-) high fence along the front and parallel to Murray Avenue on the premises located at 124 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Lot 59; and WHEREAS, the Building Inspector has declined to issued such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-44D; and WHEREAS, Mr. Philo submitted an application for variances to this Board for the reasons set forth in such application; and Zoning Board of Appeals September 9, 1992 -3- 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The fence will be virtually hidden because of the dense hedge currently existing on the site. 2. The variance, as requested by the applicant, is for health reasons to reduce noise and act as a sound barrier and is not needed for privacy. 3. 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. 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 variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Eric Philo for variances from Section 89-44 D so as to allow the erection of a 6-ft. , high front fence on the premises located at 124 Murray Avenue, said premises being known and designated on the Tax Assessment Map of the Town of. Mamaroneck as Block 501 Lot 280 be and the same is granted, subject to the following conditions. 1. The dense shrubbery shall be maintained as it currently exists. 2. The finished side of the fence shall be constructed to face Murray Avenue and shall be placed behind the existing shrubbery along Murray Avenue. 3. The variance is conditioned upon Mr. Philo's continued occupancy at the premises. 4. 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. Zoning Board of Appeals September 9, 1992 -4- 5. 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. 6. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 3 - CASE 2020 Application of Daniel L. Braham, 54 Holly Place, requesting a variance from Section 89-33 B (2)(a) and 89-33 B(2)(b) to maintain a deck with a side yard of 7.51 ft. and a total side yard of 13.72 ft. where a minimum of 10.0 ft. and a total of 25.00 ft. is required and to construct a dormer with a side yard of 7.9 ft. where 10.00 ft. is required. Further, the deck and dormer increase the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 57 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Lot 156. Daniel Braham appeared. He stated that he replaced an existing deck which was on the house when he bought it in 1987 and wanted to increase the size of the master bedroom approximately 3 square feet into the back yard by building a gable. Mr. Braham stated that the bedroom addition will not increase the footprint of the house. After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was 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. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Daniel S. Braham has submitted an application to the Building Inspector, together with plans, to maintain a deck and to construct a dormer on the premises located at 54 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 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 89-33 B (2)(a), 89-33 B(2)(b) and 89-57; and WHEREAS, Mr. Braham submitted an application for variances to this Board for the reasons set forth in such application; and Zoning Board of Appeals September 9, 1992 -5- 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The footprint of the house is not altered. 2. The rear deck was not built by the applicant; he purchased the house with an existing deck. 3. The deck causes a minimal encroachment in the side and back and does not extend as far as the house in the side yard. 4. The additional mass proposed to be constructed is not substantial, and the dormer, which requires the side yard variance is to be constructed at the rear of the house and will extend no further than the existing house into the side yard. 5. The granting of the 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. 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 variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Daniel L. Braham for variances from Sections 89-33 B (2)(a) and 89-33 B(2)(b) so as to allow to retain a rear deck with a side yard of 7.51 ft. and a total side yard of 13.72 and to allow the construction of dormer with a side yard of 7.9 ft. on the premises located at 54 Holly Place, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Lot 156 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. Zoning Board of Appeals September 9, 1992 -6- 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 202 The Secretary read the application as follows. Application of Habitat for Humanity requesting a variance from Section 89-35 B 3(b) to receive a Letter of Completion for an existing shed with a rear yard of 2.03 ft. where 5.00 ft. is required for a residence in an R-6 Zone District on the premises located at 96 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneckas Block 124 Lot 170. James Cunningham, the future owner of the house, appeared. He stated that there is no basement in his house and that the family needs storage space. The builders had erred about the location of the property line. After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was 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. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Habitat for Humanity has submitted an application to the Building Inspector, together with plans, to maintain a shed on the premises located at 96 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 170; 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 89-35 B, (3)(b); and WHEREAS, Habitat for Humanity 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; Zoning Board of Appeals September 9, 1992 -7- WHEREAS, the 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. The applicant's neighbor is the New York State Thruway, I-95, who has erected a 15-foot-high concrete wall which is approximately five feet beyond the applicant's rear lot line. 2. The appearance of the yard is more pleasing as the shed is further away from the house and does not negatively impact any neighbor. 3. The applicant innocently constructed the shed without realizing the location of his property line. 4. It would be an undue hardship to relocate the shed to conform to the setback. 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 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 variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Habitat for Humanity for variances from Sections 89-35 B 3(b) to retain a shed with a rear yard of 2.03 feet on the premises located at 54 Holly Place, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Lot 170 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. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 5 - CASE 2022 The Secretary read the application as follows. Zoning Board of Appeals September 9, 1992 -8- Application of Mr. and Mrs. J. Kronfeld requesting a variance from Section 89-44 D to construct a fence 6.0 ft. in height (four [4] ft. height maximum, permitted), for a residence in an R-10 Zone District on the premises located at 89 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 1. Joel Kronfeld appeared. He stated that the fence had been installed and that he was unaware of the need for a variance. The fence is along one side of the property. It is approximately 24 feet long and keeps trespassers from running through the property. There is a 25-foot difference in terrain within this piece of property, and the fence also provides privacy for the neighbors' use of a hot tub. After review, on motion of Mr. Gunther, seconded by Mr. Wexler, the following resolution was 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. Wexler, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Kronfeld have submitted an application to the Building Inspector, together with plans, to maintain a six-foot- (6'-) high fence on the premises located at 89 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 1; and WHEREAS, the Building Inspector has declined to issued such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-44 D; and WHEREAS, Mr. and Mrs. Kronfeld 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 there are special circumstances and/or conditions applying to the land for which the variances are sought on the following grounds. 1. The yard has a severe drop off; the fence is necessary for safety. Zoning Board of Appeals September 9, 1992 -9- 2. There are no complaints from the neighbors, and the side yard neighbors have indicated their approval of the fence. 3. The fence which is four (4 ft. ) feet high with two (2 ft. ) feet of open lattice at the top enhances the property and runs over twenty-four (24 ft. ) feet long Northeast on the side of the premises. 4. _ The fence now adds more privacy to the adjacent neighbor. It replaced a garage, which was removed and relocated. 5. The granting of the 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. 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 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. Kronfeld for a variance from Section 89-44 D so as to maintain a six-foot- (6-ft.-)high fence on the premises located at 89 Rockland Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 1 be and the same is granted, subject to the following conditions. 1. The applicants shall maintain the fence as is has been installed 2. The finished side of the fence shall be constructed to face the neighbors. 3. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. NEXT MEETING The next meeting will be held October 28, 1992. Zoning Board of Appeals September 9, 1992 -10- ADJOURNMENT - On motion of Mr. Simon, seconded by Mr. Wexler, the meeting was adjourned at 10:05 PM. Bonnie M. Burdick