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HomeMy WebLinkAbout1990_08_22 Zoning Board of Appeals Minutes (3) 10 W 30 1511 MINUTES OF THE REGULAR MEETING OF THE AR ICIA �'�CIOGEIO PA�011 CtERK ZONING BOARD OF THE TOWN OF MAMARONECK �MAY�E`'K AUGUST 22, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rend Simon Arthur Wexler Also Present: John McGarr, Board Liaison Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Barbara Terranova, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:15 PM. APPLICATION NO. 1 - CASE 975 The Recording Secretary read the application as follows: Application of Mr. M. Doppelt, 23 Marbourne Drive, adjourned from the meeting of July 25, 1990. Mr. Doppelt and Kevin McKenna, builder, appeared on behalf of the application. Mr. McKenna submitted information that 12 houses in the neighborhood have circular driveways. There are a few under 25', 1 is under 20', and some appear to be closer. Many of these were built before the road was dedicated and when the development was constructed. Mr. McKenna stated that the house could not be sited farther back as the back yard is made of fill. Mr. Negrin stated that he felt that this Board would be rewriting the zoning for the neighborhood if the application was granted because the other owners seeking variances for their driveways would have to come to the Board for relief. Mr. Wexler stated that a driver would have difficulty entering the garage if the driveway were built to code and that there is a larger setback than usual front the Town's right of way. On motion of Mr. Gunther, seconded by Mr. Wexler, the following resolutions were adopted 4 - 1, Mr. Negrin abstaining: August 22, 1990 -2- WHEREAS, Mr. M. Doppelt has submitted an application to the Building Inspector, together with plans, to build an unenclosed off-street parking facility on the premises located at 23 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Parcel 28; 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 89-67B; and WHEREAS, Mr. Doppelt 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 location of the house toward the front of the lot is required because of the large amount of land fill in the rear yard and the steep slope in the rear yard. 2. The variance is minimal to the applicant's need. 3. The variance is not out of character with the neighborhood. 4. On this site the distance between the curb line and the property line is greater than is typical. 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; and 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 August 22, 1990 -3- FURTHER RESOLVED, that a variance is hereby granted and that Section 89-67 B of the Zoning Ordinance be varied and modified so as to allow the construction of an unenclosed off-street parking facility on the premises located at 23 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Parcel 28 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 following condition shall attach to the variance: That part of the driveway parallel to the house shall be a maximum of 12' in width and the entrance on the right shall be a maximum of 12' in width. 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 Tawn Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 2 - CASE 986 The Recording Secretary read the application as follows: Application of Manisbro Inc., 1-5 Vine Street adjourned from the meeting of July 25, 1990. Joseph DeSalvo, attorney, appeared on behalf of the application. He reiterated the difficulty of finding a tenant for a large space in his client's building which would fit the Zoning Code since the space is immediately adjacent to the Thruway. Mr. DeSalvo stated that the tenant would do all of his work inside and that he would limit his hours to Monday through Saturday from 8 AM to 6 PM. None of his machines would be stronger than 15 horse power and could not be heard outside. The Board decided to act on that part of the application which requested a use variance rather than the request for an interpretation that the proposed use is a permitted use in the zone. On motion of Mr. Wexler, seconded by Mr. Gunther, the Board 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 August 22, 1990 -4- FURTHER RESOLVED, that this is a Type II Action hav'impact on the environment as determined 1 no orgnificant corresponding local law, thereforerequiring �' New York State or SEQRA. �r J no further action under On motion of Mr. Negrin, seconded by Mr. Simon, the following resolutions Were unanimously adopted: WHEREAS, Manisbro, Inc. has submitted an application to the Building Inspector for a use variance to rebuild automotive engines on the premises located at 1-5 Vine Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 730; and WHEREAS, the Building Inspector has declined to issue such it the grounds that the plans submitted failed to the To on fly with the To of Mamaroneck Zoning OrdinanCe with wn 89-77 B, 89-9 and 89-28; and particular reference to Sections WHEREAS, Manisbro, Inc. submitted an application for a variance to this Board on the grounds of practical difficulty r hardship for the reasons set forth in such application; and unnecessary 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. None of the uses described in 89-28 A or B would yield a reasonable return because of the site's proximity to the Thruway, tunnel, parking lot and a gas station. 2. The uses yielding a reasonable return are additionally limited by the other uses on the premises. 3. The proposed use, with conditions, has less impact on the surrounding property that the permitted uses such as filling stations or car washes. 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; and 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 August 22, 1990 -5- FURTHER RESOLVED, that a variance is h 89-77B, 89-9 and 89-28 of the ereby 'anted and that Sections Zoningso as Ordinance a be varied and modified to allow the Aeration of an automotive rebuilding shop on the premises located at 1-5 Vine Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 730 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions applicants comply in all other respects with the Zoning that the Building Code of the Town of Ordinance and Mamaroneck: and it is FURTHER RESOLVED, that the following conditions shall attach to the variance: 1. No vehicles, equipment, auto parts or other items are to be stored on the outside of the subject premises. 2 The horsepower of the mac hinery use of the subject u in conjunction with J premises shall be limited to 70 horsepower. 3. All deliveries and pickups of engines for repair are to made inside the subject premises and through the garage door. Engines are not to be unloaded in the exterior of the building and thereafter carried inside the building. 4. Any and all liquid wastes are to be disposed fashion, pursuant to EPA and New York State �f int a ent o legalo Environmental Conservation guidelines Department guidelines. 5. Any and all discarded parts are to be removed from the premises on a periodic basis, by a private carter, to be designated by the operator of the use. Said discarded parts are not to be discarded in the rubbish generated by use with the intention of it being picked up by the Department of Sanitation of the Town of Mamaroneck. All discarded parts shall be stored in the premises or in an enclosed dumpster prior to carting. 6. All work related to the subject use is to be conducted within the confines of the interior of the subject premises. No work is to be performed outside of the subject premises. 7. The customary hours of work shall be 8:00 AM to 6:00 PM Monday through Saturday. 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 August 22, 1990 -6- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ****** APPLICATION NO. 3 - CASE 989 The applicants were not in attendance. On motion of Mr. Wexler, seconded by Mr. Simon, the case was adjourned until the applicants contact the Building Department. ***** APPLICATION NO. 4 - CASE 990 Application of Presidential Housing Associates requesting a variance from Section 14-32 A(2) to retain two signs 5' x 12' where 4' x 6' is the maximum size allowed in a Residential District, on the premises located at 35 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 134. Said signs were previously granted by the Board of Appeals on March 1, 1989 for a one year period. Robert Siegel of Presidential Housing Associates appeared on behalf of the application. He stated that half of the apartments are unsold and that the signs definitely draw in customers. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were adopted 4 - 1, Mr. Gunther opposed: WHEREAS, Presidential Housing Associates has submitted an application to the Building Inspector, together with plans to retain two signs 5' x 12' on the premises located at 35 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 134; 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 14-32 A(2) ; and WHEREAS, Presidential Housing Associates 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 cir umstanc-cs and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The Town Board previously granted a variance for these signs under the predecessor sign ordinance. August 22, 1990 -7- 2. The signs are a strong marketing arts in the building. tool in selling the 3. Many of the apartments have not time for display is been sold and additional sP Y needed. 4. The granting of the variance is in harmony per ��� and will es and intent of this withlthe eenPrai neighborhood injurious to the not be or otherwise detrimental to the public welfare; and 5. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable uce of ththeslandr will accomplish ndor uilding and that the variance granted by this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 14-32 A(2) of the Zoning Ordinance be varied and modified so as to allow the display of two signs 5' x 12' on the premises located at 35 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 134 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 following conditions shall attach to the variance: 1. The display of the signs shall be limited to three years. 2. The signs may not be moved vertically above the second floor of the building and shall remain on the elevation where they are originally installed. 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. 5 - CASE 991 The Recording riling Secretary read the application as follows: Application of Mr. and Mrs. J. Needham requesting a variance from Section 89-32 B(2) (b) to reduce the total side yard from 30.0 feet required to 27.2 feet to retain an enclosed porch which increases the extent by which August 22, 1990 -8- the structure is nonconforming pursuant to Section 89-57, in an R-15 Zone District, on the premises located at 61 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 605. Mr. Wexler recused himself from the decision as he had been consulter) professionally before it was realized that a variance was needed. Mark Mustacato, architect, appeared on behalf of the applicant. He requested a variance of 2.8'. The porch was in place at the time of pSe, and Mr. Jakubowski stated that the Assessor's records show an open porch at the time of construction in the '30's. The house is separated from its neighbor by the side yard, shrubbery, a low stone wall, a driveway and a 10-12' yard. on motion of Mr. Gunther, 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 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, Mr. and Mrs. J. Needham have submitted an application to the Building Inspector, together with plans, to retain an enclosed porch on the premises located at 61 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 605; 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) (b) and 89-57; and WHEREAS, Mr. and Mrs. Needham 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 circumstanc !c and/or conditions applying to the land for which the variance is sought on the following grounds: 1. It would be a financial hardship to remove the porch. August 22, 1990 -9- 2. The structure predates the purchase by the owner. 3. The porch is not objectionably close to the adjacent property; it is more than 15' from the neighbors' side yard. 4. The footprint is not changed. 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; and 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 89-32 B(2) (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 61 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 605 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. 6 - CASE 992 The Recording Secretary read the application as follows: Application of Dr. R. Rees requesting a variance from Section 89-34 B(1) to reduce the front yard from 30.9 feet required to 23.5 feet for the proposed construction of an addition which will increase the extent by which the building is nonconforming pursuant to Section 89-57, in an R-7.5 Zone District on the premises located at 664 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 480. August 22, 1990 -10- James Miller, architect, appeared on behalf of the application. He stated that the applicant wished to add to his kitchen and to build a powder room. One logical way to expand is blocked by a roof porch,staircase, a window and a door outside. The applicant is also constrained by the Code as his is a corner lot. 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. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Dr. R. Rees has submitted an application to the Building Inspector, together with plans, to construct an addition on the premises located at 664 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 480; 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(1) and 89-57; and WHEREAS, Dr. Rees 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 design doesn't extend beyond the present footprint of the Boulder Road side of the property. 2. This is a corner lot requiring front yard setbacks on two side of the house. 3. Any attempt to shift the plan would interfere with a roof porch, staircase, door and window. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. August 22, 1990 -11- 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; and 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 FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-34 B(1) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of an addition on the premises located at 664 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 480 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. 7 - CASE 993 The Recording Secretary read the application as follows: Application of Mr. and Mrs. M. Harfenist requesting a variance from Section 89-34 B(2) (a) to reduce the side yard from 10.0 feet required to 8.0 feet for the proposed construction of a platform and stairway which will increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-7.5 Zone District, on the premises located at 142 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 12. Robert Roke, builder, represented the applicants. Be stated that his clients had built an addition to their kitchen which necessitated adding a platform to their deck and reversing the direction of the staircase from the deck. On motion of Mr. Gunther, 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 August 22, 1990 -12- FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding kcal law, therefore requiring no further action under SEQPA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. M. Harenfist have submitted an application to the Building Inspector, together with plans, to construct a platform and stairway on the premises located at 142 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 12; 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) and 89-57; and WHEREAS, Mr. and Mrs. Harenfist 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 circa mstanri s and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The variance is necessary to provide a proper access to the driveway. 2. The new staircase is in the same line as the old one. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. 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; and 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 accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-34 B(2) (a) and 89-57 of the Zoning Ordinance be varied and t • August 22, 1990 -13- modified so as to allow the construction of a platform and stairway on the premises located at 142 North Chatsworth Avenue and known on the Tax Assessment Map of the Tenn of Mamaroneck as Block 113 Parcel 12 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. ***** MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes for the meeting of June 20, 1990 were approved as corrected. On motion of Mr. Kelleher, seconded by Mr. Gunther, the minutes for the mooting of July 25, 1990 were approved as corrected. NEXT MEETING The Board decided to next meet on September 26, 1990. ADJOURNMENT • On motion of Mr. Wexler, seconded by Mr. Gunther, the meeting was adjourned at 10:45 PM. Bonnie M. Burdick