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HomeMy WebLinkAbout1994_09_28 Zoning Board of Appeals Minutes (2) 10 li 9 rR MINUTES OF THE REGULAR MEETING OF THE ir RFCE Vo t ZONING BOARD OF THE TOWN OF kg ►- ' SEPTEMBER 28, 1994, IN THE COURT ROOM, TOWN CENTER t. timem r 1,9, 7 4 0 WEST BOSTON POST ROAD vT,U,WigqypC(�,p��R�p p MAMARONECK, NEW YORK kx' Present: Thomas E. Gunther, Chairman 44441 $ V Patrick J. Kelleher Nina Recio J. Rene Simon Arthur Wexler Also Present: Valerie Moore O'Keeffe, Town Councilwoman John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector(?) Lisa Parilla, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 7:50 PM. APPLICATION NO. 1 - CASE 2126 The Secretary read the application as follows. Application of Mr. and Mrs. Marvin Wexler requesting variances from Sections 14-48 A(1) and 14-48 A(2) to construct a swimming pool with a side yard of 4.0 ft. where 15.0 feet is required, a rear yard of 4.0 ft. where 20.0 ft. is required and a separation from the principal building of 0.0 ft. where 15.0 ft. is required for a residence in an R-15 Zone District on the premises located at 40 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Lot 46. Laurence Tamaccio, architect, appeared. He stated that the Wexler's property is unusually shaped and small and that placing a pool in the regular setbacks would be difficult. There is also a large outcropping of rock on the property. With that outcropping, Mr. Tacaccio placed a lap pool with a recreational pool at the other end. On the plans, there was a 6 foot-high fence which was not noticed as it was not on the original plans seen by the Building Inspector. Mr. Tamaccio has proposed two four-foot retaining walls spaced four feet apart. Mr. Wexler felt that the pool was huge and took up too much of the yard, as did Mr. Simon. Mr. Gunther stated that the projects are not works in progress and asked that Mr. Tamaccio submit a fuller proposal showing landscaping proposals and the fence. The application was withdrawn by the applicant to be heard at a later date. Zoning Board of Appeals September 28, 1994 -2- APPLICATION NO. 2 - CASE 2127 The Secretary read the application as follows. Application of Jean-Gilles Blum/Anna Barnett (c/o Peter Jay Bernbaum, Esq.) requesting a a variance from Section 89-35 B (3) (b) to maintain an existing one-story, one-car garage with a side yard of .81 ft. where 5.0 ft. is required for an accessory building for a residence in an R-6 Zone District on the premises located at 17 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 595. Lawrence Gordon, architect, appeared. He stated that the garage in question had been in place at least 25 years. After review, on motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were proposed and adopted unanimously, 4-0. 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 resolution was ADOPTED unanimously. WHEREAS, Jean-Gilles Blum and Anna Barnett (c/o Peter Jay Bernbaum, Esq.) have submitted an application to the Building Inspector, together with plans to maintain an existing one-story, one-car garage on the premises located at 17 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 595; 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, Mr. Blum and Ms. Barnett submitted an application for a variance to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; Zoning Board of Appeals September 28, 1994 -3- 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 existing structure has been there, in the opinion of the neighbors, for 25 to 30 years. 2. This is a lot burdened by two front yards. 3. The granting of this variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 4. The variance is the minimum to alleviate the difficulty detailed in the application yet also preserves and protects the character of the neighborhood and the health, safety and welfare of the community. 5. The strict application of the Zoning Ordinance and the Town Code would deprive the applicant of the reasonable use of the land and/or building, and the variance granted by this Board will enable such reasonable use. NOW, TORE, BE IT RESOLVED, that an application to the Board by Jean-Gilles Blum and Anna Barnett (c/o Peter Jay Bernbaum, Esq.) for a variance from Section 89-35 B(3) (b) for a garage with a side yard of .81 feet on the premises located at 17 Harmony Drive, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 595 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 2128 The Secretary read the application as follows. Application of Allan and Sharon Harris requesting variances from Sections 89-33 B 2(a) and 89-33 B (3) to obtain a Certificate of Occupancy for a Zoning Board of Appeals September 28, 1994 -4- deck constructed under Building Permit No. 12142 with a side yard of 7.4 ft. where 8.92 ft. was previously granted and a rear yard of 20.7 ft.where 20.92 ft. was previously granted. Further, the increased intrusion increases 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 56 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Lot 151. Jefferson Meighan appeared with the Harris. He explained that the architect had incorrectly drawn the side lot line and that the builder had built two inches too many. After review, on motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were proposed and adopted unanimously, 4-0. 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. Kelleher, the following resolution was ADOPTED unanimously, 4-0. WHEREAS, Allan and Sharon Harris have submitted an application to the Building Inspector, together with plans to obtain a Certificate of Occupancy for a deck constructed under Building Permit No 12142 on the premises located at 56 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Lot 151; 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(3) and 89-57; and WHEREAS, Mr. and Mrs. Harris 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 side yard of 7.4 feet is still farther from the lot line than the existing house which is 6.0 feet from the line. Zoning Board of Appeals September 28, 1994 -5- 2. The difference from 20.8 feet to 20.2 feet is minimal in nature. 3. This deck is in harmony with the neighborhood. 4. 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. 5. The variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 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 Allan and Sharon Harris for variances from Sections 89-33 B(2) (a) , 89-33 B(3) and 89-57 for a Certificate of Occupancy for a deck with a side yard of 7.4 feet and a rear yard of 20.7 feet on the premises located at 56 Holly Place, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Lot 151 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. 4 - CASE 2129 The Secretary read the application as follows. Application of Mr. and Mrs. Fred Cambria requesting a variance frown Section 89-33 B(3) to construct a rear addition and deck with a rear yard of 6.0 ft., at its closest point, where 25.0 ft. is required. Further, the additions 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 24 Orchard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 262. Zoning Board of Appeals September 28, 1994 -6- Mr. Wexler stated that he owned adjacent property but that he did not feel this fact would impede his decision. William Leeds, architect, appeared with the Cambrias. He stated that his clients wished to add to their kitchen and to add a family roan at the location of a current porch. The addition would not be visible fran the street and would be built to match the existing construction. Mary English of 324 Weaver street appeared. She felt that the addition was bulky and very close to the line. After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were proposed and adopted unanimously, 4-0. 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. Simon, the following resolution was ADOPTED, 4-0-1, Ms. Recio abstaining. WHEREAS, Mr. and Mrs. Fred Cambria have submitted an application to the Building Inspector, together with plans to construct a rear addition and deck on the premises located at 24 Orchard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 262; 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. Cambria 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. This is an unusually shaped lot with one large side lot and a deep rear lot. Zoning Board of Appeals September 28, 1994 -7- 2. This addition is no closer than the existing deck. 3. The new deck is further away from the side lot line than the existing deck. 4. 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. 5. The variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 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. Fred f'amhria for variances from Sections 89-33 B(3) and 89-57 for a rear addition and deck with a rear yard of 6.0 feet at its closest point on the premises located at 24 Orchard Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 262 be and the same is granted, subject to the following conditions. 1. The roof overhang of the new addition shall be no more than 6 inches. 2. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 3. The building permit shall be void if construction is not started within six (6) months and completed within two (2) years of the date of said permit. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** APPLICATION NO. 5 - CASE 2130 The Secretary read the application as follows. Application of Robert and Leigh Garry requesting variances from 89-44 D, 89-32 B(2) (a), 89-32 B(2) (c) and 89-44 B to maintain 45 linear ft. of 6-ft.-high stockade fence, a deck with a hot tub and an accessory shed and to construct a first floor addition of 2 bay windows. The fence exceeds Zoning Board of Appeals September 28, 1994 -8- the 4-ft. height allowed; the shed is located 1.2 ft. and 3.5 ft. from the property lines where 5.0 ft. is required; and the deck of the hot tub is located 8.0 ft. fran the side line where 10.0 ft. is required. The 2 bay windows total 71% of the wall length where 25% is allowed, and the windows have a side yard setback of 4.0 ft. where 10.0 ft. is required. Further, the hot tub and bay windows increase the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-15 Zone District on the premises located at 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 231. Ned Stoll, architect, appeared with the Garrys. He stated that they wanted to legalize their past mistakes which had been made inadvertently and to apply for bay windows. These windows would be added to a former greenhouse-style porch to make it more useful. Mr. Wexler felt that the side yard would be very crowded with shrubbery and that the applicants had added structures at the expense of their neighbor's views rather than their own. Gordon Oppenheimer, 50 Howell Avenue, and Gail Huyler, 1 Meadow Place, appeared. They complimented the Garrys on their landscaping, for consulting their neighbors about their construction and were generally in favor of the addition. 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. Gunther, seconded by Mr. Simon, the following resolutions were ADOFTED, 4-1, Ms. Recio opposed. WHEREAS, Robert and Leigh Garry have submitted an application to the Building Inspector, together with plans to maintain 45 linear feet of 6-feet high stockade fence, a deck with a hot tub and and accessory shed and to construct a first floor addition of two bay windows on the premises located at 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 231; 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 89-44D, 89-32 B(2) , 89-32 B(2) (c) , 89-44 B and 89-57; and Wes, Mr. and Mrs. Garry submitted an application for variances to this Board for the reasons set forth in such application; and Zoning Board of Appeals September 28, 1994 -9- 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 accessory shed appears to be well screened from surrounding properties. 2. The first-floor addition is minimal in nature - the addition of two bay windows to a screened porch, and the applicants have stated that they will screen the addition. Also, at the northwest elevation, 222 feet of fence will be removed. 3. The house is burdened with two front yards. 4. The most effected neighbor supports the application. 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 preserve and protect 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 Robert and Leigh Garry for variances from Sections 89-44 D, 89-44 B, 89-32 B(2) (a), 89-32 B(2) (c) and 89-57 to maintain 45 linear feet of six-foot high fence, a shed 1.2 feet and 3.5 feet from the property lines and to construct two bay windows which are 71% of the wall length and have a 4.0 side yard located at 7 Meadow Place, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Lot 231 be and the same is granted, subject to the following conditions. 1. The six-foot, high fence shall be brought into conformity. 2. The hot tub must comply with the Town Plumbing Code. Zoning Board of Appeals September 28, 1994 -10- 3. Prior to the issuance of a Certificate of Occupancy, the applicants shall submit to this Board a planting plan for screening the addition. 4. 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. 5. The building permit shall be void if construction is not started within six (6) months and campleted 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. *****