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HomeMy WebLinkAbout1994_04_27 Zoning Board of Appeals Minutes De A 777- MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK APRIL 27, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD - MAMARONECK, NEW YORK 0 12t Present: Thomas E. Gunther, Chairman Patrick Patrick E. Kelleher 4, V Nina Recio 0® , `� J. Rene Simon Oa 1� �e Ca Arthur Wexler 0' \@ pp �1 r S44q4/ 9 10 Also Present: John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector Lori 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 7:32 PM. APPLICATION NO. 1 - CASE 2099 The Secretary read the application as follows. Application of Mamaroneck Fire District No. 1, Fire House, 205 weaver Street, adjourned from March 23, 1994. Presenting the application were Stephen V. Altieri, Town Administrator, and John Fry, architect. Residents and neighbors appearing were John Rainey, 78 Hillcrest Road and Robert Muffly, 32 Hillcrest Road. Mr. Altieri stated that the Planning Board had authorized 30 parking spaces with screening but that the parking had not been a major issue to those members. Mr. Altieri stated that he found that an average of 28 parking spaces would suffice and that the BAR and the Beautification Committee were working to screen the rear door. Mr. Rainey requested that the number of parking spaces be a specific condition of the variance, but Mr. Kelleher assured him that the Building Department monitored variances closely. After review, on motion of Mr. Kelleher, seconded by Mr. Simon, the following resolution was ADOPTED unanimously. WHEREAS, the Town of Mamaroneck has submitted an application to the Building Inspector, together with plans, to make additions to and alterations of the Fire House by requesting variances to permit 28 parking spaces where 93 would be required; to create unenclosed April 27, 1994 -2- off-street parking 0.0 feet from the front line where 25.0 feet is required; to allow parking spaces 18.0 feet deep by 8.8 feet where 20.0 feet by 9.0 feet is required; to waive an off-street loading area and for determination of reasonable and appropriate use of the driveway area as loading space; to reduce parking below the number of existing spaces; and approval is sought for parking spaces where two or more occur on a single lot all to be on the premises located at 205 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 329; 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, 89-67 B, 89-3 "Definitions", 89-70 C, 89-65 A and 89-66 C respectively; and WHEREAS, the Town 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 all written communications, and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; and WHEREAS, this Board has examined the revised plans, reviewed the revised application and all written communications, and has heard all persons interested in this application after publication of an amended notice thereof and a continued hearing thereon; and WHEREAS, the Planning Board as Lead Agency pursuant to SEQRA has made a Negative Declaration, dated April 13, 1994, with respect to this Action; and 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 proposal, as modified, will maximize the rear "green buffer" and maintain existing trees to the maximum extent practicable. 2. The existing side setbacks of the existing parking lot will be maintained. Zoning Board of Appeals April 27, 1994 -3- 3. Off-street loading, which has not been a problem for the use as presently exists, will continue in the same manner. The driveway is utilized as a loading space and circulation is and can be maintained in alternate lanes. 4. Based on comments both oral and written, from proponents, neighbors, and interested citizens, it is evident that the 30 existing parking spaces are frequently underutilized. It is also evident that the 30 existing parking spaces are occasionally insufficient, as would be the proposed 28 spaces, but that nearby street parking is more than sufficient for these occasions. It is therefore the finding of this Board that 28 parking spaces are the appropriate number of spaces for this use and such number should be maintained. 5. Fueling will be no longer maintained at this site. 6. None of the changes proposed causes a change in the number of people coming to and using this site. 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 variance is 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. 9 . 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 Mamaroneck Fire District No. 1 for variances from Section 89-67 B to permit 28 parking spaces; from Section 89-3 "Definitions" to permit parking spaces 18.0 feet deep by 8.8 feet; from Section 89-70 C to waive provision for an off-street loading area and determination of reasonable and appropriate use of the driveway as loading space; from Section 89-67 B for unenclosed off-street parking 0.0 feet from the front property line; from Section 89-65 A to reduce the number of parking spaces below the number of existing spaces; and from Section 89-66 C for joint use of the parking spaces on the premises located at 205 Weaver Street, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 329 be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Zoning Board of Appeals April 27, 1994 -4- Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 2. The building permit shall be void if construction is not commenced 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. 2- CASE 2106 The Secretary read the application as follows. Application of Jerome Halsband requesting variances fran Sections 89-31 B (2) (a) and 89-31 B(3) to obtain a Certificate of Occupancy for an existing deck with a side yard of 13.5 ft. where 15.0 ft. is required and a rear yard of 34.2 ft. where 40.0 is required for a residence in an R-20 Zone District on the premises located at 11 Gate House Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Lot 248. , Mr. Halsband appeared. He stated that an architect had filed a plan and the the Building Department had supervised the deck's construction. Mrs. Bonsteel stated that the mistake had surfaced as a result of a survey. Mr. Gunther had received a letter that stated that the houses in this development had a deed restriction limiting side yards to 20 feet. The members felt that this was a purely private matter not enforceable by the Zoning Board. 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; 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 unanimously. WHEREAS, Jerome Halsband has submitted an application to the Building Inspector to obtain a Certificate of Occupancy for a deck on the premises located at 11 Gate House Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Lot 248; and Zoning Board of Appeals April 27, 1994 -5- WHEREAS, the Building Inspector has declined to issue such document on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-31 B(2)(a) and 89-31 B(3); and WHEREAS, Mr. Halsband 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 outweigh any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. The property has irregular topography at the rear. The deck provides the applicant use of the rear yard in a reasonable way. 2 . The deck is in scale with the size of the house and the size of the property. 3. The encroachment into the rear yard setback is not extremely large. 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Jerome Halsband for variances from Sections 89-31 B(2)(a) and 89-31 B(3) to maintain an existing deck with a side yard of 13.5 feet and a rear yard of 34.2 feet located at 11 Gate House Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Lots 248 be and the same is granted, subject to the following conditions. 1. The area beneath the rear edge of the deck shall be screened with plantings. Zoning Board of Appeals April 27, 1994 -6- 2. In the event that the deck is rebuilt, it shall be built to conform to setbacks established in the Zoning Ordinance in the Town of Mamaroneck. 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. 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. 5. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** APPLICATION NO. 3 - CASE 2107 The Secretary read the application as follows. Application of Chantal and Richard Duron requesting a variance from .,, Section 89-30 B(2) and 89-57 for a two-level front addition with a side yard of 27.2 ft. where 35.0 ft. is required; and, further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-50 Zone District 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. James Fleming, architect, appeared with Mrs. Duron. He stated that the lot is irregularly shaped. The Durons wanted to build a new family roan and a master bathroom which preserves the look of the house on the water side. Mr. Fleming stated the addition would be well-screened, and the addition is not an architectural exaggeration. After review, on motion of Ms. Recio, seconded by Mr. Gunther, 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. Wexler, seconded by Ms. Recio, the following resolutions ° were ADOPTED unanimously. WAS, Mr. and Mrs. Richard Duron have submitted an application to the Building Inspector, together with plans to construct a two-story addition on the premises located at 215 Hammocks Road and known on Zoning Board of Appeals April 27, 1994 -7- the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 41; and WAS, 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 89-30 B(2) and 89-57; and WHEREAS, Mr. and Mrs. Duron 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; WFBRS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweigh any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. The property is burdened by an irregularly shaped lot. 2. The variances requested effect only one corner of the house. 3. The addition would be aligned with that side of the house parallel to the southwest lot line. 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 minhnum 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. BM, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Richard Duron for variances from Section 89-30 B(2) for a two-story addition with an 8.1 foot side yard and a 28.0 foot rear yard located at 215 Hammocks Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 41 be and the same is granted, subject to the following conditions. Zoning Board of Appeals April 27, 1994 -8- 1. The addition shall be built no closer to the property line than the existing side wall of the house. 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. 4 - CASE 2108 Application of Adam and Randi Klaber requesting a variance from Sections 89-33 B(2) (a) and 89-33 B(1) for a one story front addition and a two story rear addition. The rear addition would have a side yard of 8.1 ft. where 10.0 ft. is required, and the front addition would have a front yard of 28.0 ft. where 30.0 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 368 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 289. Mark Mustacato, architect, appeared. He stated that the current entrance into the house leads directly into the den cutting down on use of the room. The vestibule would rectify this problem with a minor encroachment. To the rear, the kitchen will be enlarged and a bathroom added. These additions will align with the side of the existing house. The property is large, but the house is awkwardly sited. . Mr. Mustacato felt that the additions were minimal and in keeping with the character of the neighborhood. He submitted favorable letters from impacted neighbors: those in the rear, facing the house and adjacent to the additions. After review, on motion of Ms. Recio, seconded by Mr. Kelleher, 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; 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 SEQPA. Zoning Board of Appeals April 27, 1994 -9- On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolution was ADOPTED unanimously. WHEREAS, Adam and Randi Klaber have submitted an application to the Building Inspector, together with plans to construct a one-story, front addition and a two-story, rear addition on the premises located at 368 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 289; 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(1) and 89-57; and WHEREAS, Mr. and Mrs. Klaber 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 property is burdened with two front yards. 2. The lot is irregularly shaped. 3. The variance for the front entrance is minimal, only 2.0 feet. 4. The variance for the rear addition continues the existing footprint. The rear addition will encroach no further into the side yard. 5. The placement of the house on the lot and the location of the garage beneath the house have placed constraints on building an addition. 6. The larger addition will be at the rear which will cause less impact on the neighborhood-at-large. 7. 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. 8. 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. { % *. Zoning Board of Appeals April 27, 1994 -10- 9. 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 Adam and Randi Rlaber for variances fran Sections 89-33 B(2) (a), 89-33 B(1) and 89-57 for a front, one-story addition with a front yard of 28.0 feet and a rear, two-story addition with a side yard of 8.1 feet located at 368 Weaver Street, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 289 be and the same is granted, subject to the following conditions. 1. 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. 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. ADOCURNMENT On motion of Mr. Gunther, seconded by Mr. Wexler, the meeting was unanimously adjourned at 8:45 PM.