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HomeMy WebLinkAbout1991_01_16 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF IHE TOWN OF NNECK JANUARY 16, 1991, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther T Patrick B. Kelleher RECEIVED Arthur Wexler If AY 1 1991 PATRICIA A.DiCIOCCID Absent: J. Rene Simon ATO RQHECK • N.Y. Also Present: IPe A. Hoffman, Jr. , Counsel iy William E. Jakubawski, 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 8:17 PM. vie MINUTES On motion of Mr. Kelleher, seconded by Mr. Wexler, the minutes of the meeting of August 22, 1990 were accPpted. APPLICATION NO. 1 - CASE 1006 The secretary read the application as follows: Application of Mr. J.A. Thaw requesting a variance from Section 89-34 B(3) (b) to reduce the rear yard from 5.0 feet required to 3.5 feet to retain an on grade patio which increases 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 132 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Lot 38. Jack Thaw appeared on behalf of the application. He stated that the nonconforming portion of the patio was a long thin triangle which was covered by bushes and pachysandra. Said portion was invisible to neighbors and had been constructed by a previous owner. 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 January 16, 1991 -2- • 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. Wexler, the following resolutions were unanimously adopted: WHEREAS, J.A. Thaw has submitted an application to the Building Inspector, together with plans, to retain an on-grade patio on the premises located at 132 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 38; 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(3) (b) and 89-57; and WHEREAS, Mr. Thaw 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 encroachment of the nonconforming area of the patio into the rear setback is of a de minimis nature. 2. The encroachment is not incongruous with the surrounding area. 3. The encroachment is not visible from adjacent parcels or the street as it is well-shrubbed and not elevated. 4. The honse is not centrally placed on its lot. The patio is placed on the only possible site, which is a small area. 5. A previous owner constructed the patio. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. January 16, 1991 -3- 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; and 8. 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(3) (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of an on-grade patio on the premises located at 132 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 38 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. 2 - CASE 1007 The secretary read the application as follows: Application of Mr. and Mrs. M. Jacoby requesting a variance for the location of pool filter equipment. The location of pool equipment as proposed is prohibited pursuant to Section 14-48 A(3) which states it shall not be within the required front or side yards in any residential property, in an R-20 Zone District, on the premises located at 5 Durham Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 203 Lot 315. Mark Jacoby, owner, and Chris Corcoran, of Dolphin Pools, appeared on behalf of the application. Mr. Negrin and Mr. Wexler both stated that they are friends of the applicant but that they had no business or professional relationship with him which would interfere with a decision in this case. Mr. Jacoby stated that his house was L-shaped and placed on a corner lot which presented the burden of two front yards. The pool filter equipment would be put in one of the front yards and elevated 10 feet above the street due to rock. It would be screened by several trees and fencing. January 16, 1991 -4- Mr. Jacoby had submitted letters fruit his two side neighbors and from the neighbor across the street. Said letters will became a part of the record. The noise of the one and one-half horsepower pump would be the equivalent of a window air conditioner. Placing the slab, as proposed, in the front yard would have less of an impact on the closest neighbor as the living area in his house overlooks the Jacoby's back yard. 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. Kelleher, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Mark Jacoby have submitted an application to the Building Inspector, together with plans, to construct pool filter equipment on the premiqes located at 5 Durham Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 203 Lot 315; 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 14-48 A(3) ; and WHEREAS, Mr. and Mrs. Jacoby 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, THEREWURE, BE IT RESOLVED, that this Board finds that there are special circumstancec and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The proposed location for the pool filter equipment is the most protected and least obtrusive one on this particular property. 2. The impacted neighbors have submitted favorable letters. 3. The equipment slab will be screened by fencing and shrubbery to minimize the impact. January 16, 1991 -5- 4. The closest corner of the slab to the front property line shall be no closer than 34 feet. 5. This lot is burdened with two front yards. The slab location is elevated and, thus, obscured flan the street. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 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; and 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable »tee 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 Section 14-48 A(3) of the Zoning Ordinance be varied and modified so as to allow the construction of pool filter equipment on the premises located at 5 Durham Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 203 Lot 315 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. 3 - CASE 1008 The secretary read the application as follows: Application of Mr. and Mrs. B. Dichter requesting a variance for an off-street vehicular parking space. The development of an off-street parking space is prohibited with 0.0 setback from a front lot line as a 25.0 fort setback is required pursuant to Section 89-67B, in an R-15 Zone District, on the premises located at 32 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Lot 40. Mr. Dichter appeared on behalf of his application. He stated that he wished to park a 24' long by 10'1" high motor home lengthwise parallel to the street on a paved pad constructed in Spring 1989 at the back of his January 16, 1991 -6- property. Mr. Dicht'r asserted that he could as of right park the motor home deeper into the back yard. He stated that such a location could not be screened by planting while the street-side location could be partially screened. Given approval, it is his intent to plant such screening. Currently the motor home is being stored at a boat yard for $100 a month. It suffers damage there and is not always accessible. Mr. Dichter stated that he had contacted many businesses seeking storage. There was none available that was not prohibitively expensive. ADJOURNMENT As hostilities had• cxmm nc€d in the Persian Gulf, the meeting was adjourned at 8:59 PM in order to listen to an address by the President. The meeting was resumed at 9:14 PM. Geoffrey Young, attorney, appeared in opposition to the application. He had been retained by Park Hill Lane, Inc. , owner of 12 Park Hill Lane, and Mr. and Mrs. Martin Jacobson, 6 Park Hill Lane. Mr. Young stated that the occupants of the four hones on Park Hill Lane look at the site of the pad. They find the view of the motor home unattractive and feel that their property values are lowered by the presence of the motor home. Martin Jacobson appeared. He presented pictures of his view and of the motor home in question. He stated that motor home storage was out of character with the neighborhood in particular and Larchmont and Mamaroneck in general. Mr. Jacobson submitted a letter fiunt Lane Appraisals stating that the value of his house would depreciate 5 - 7% ($30,000 - $50,000) were the motor home in full view. He stated that he owned a large boat, 37' long by 57' high, which cost him more than $1,000 a year to store away from his residence. Mr. Jacobson stated that he was embarrassed by this issue and that he was distressed that the neighborhood was conducting its business in public. Jan Smeets, President of Park Hill Lane Inc. , stated that he agreed with Mr. Jacobson and that he felt that the Dichters were not thinking of the neighbors. Mary Hiemstra, 2 Addee Circle, also apparel. She stated that her family's camper is stored in their garage. She stated on behalf of her neighbor at 1 Add.Pe Circle that the storage pad was built to be obtrusive to everyone but its owner and to save money. Upon questioning by Mr. Kelleher, all of the neighbors appearing agreed that parking the vehicle at an as-of-right spot would be preferable. 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. January 16, 1991 -7- WHEREAS, Mr. and Mrs. B. DichtPr have submitted an application to the Building Inspector, together with plans, to retain an off-street vehicular parking space; 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 89-67 B on the premigPs located at 32 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Parcel 40; and WHEREAS, Mr. and Mr. B. DichtPr 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 hereby denies the application on the following grounds: 1. The proposed structure would be an intrusion upon the environment and the character of that street. 2. This structure is objectionable to the neighbors. 3. This proposal is an insensitive way of dealing with this problem. 4. Insufficient practical difficulty was shown with respect to the use of the land as required in Section 89-77 of the Zoning Ordinance; the applicant has shown practical difficulty with respect to the use of his motor home. 5. This proposal is not the minimum necessary to address the practical difficulty shown. 6. The difficulty the applicant describes in relation to his motor home has another solution. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** January 16, 1991 -8- APPLICATION NO. 4 - CASE 1009 The secretary read the application as follows: Application of Mr. and Mrs. S. Rapp requesting a variance from Section 89-32 B(3) to reduce the rear yard from 25.0 feet required to 12.5 feet for the proposed construction of a rear addition which would increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-15 Zone District, on the premises located at 30 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Lot 114. Joseph Riley, architect, appeared on behalf of the application. The Rapps wanted to enlarge their sunroom and heat it, remodel their bedroom and add a bath. They suffer a hardship with the shape of their corner lot. Mr. Riley stated that any addition in any direction would require a variance. The proposed plan was the best for the owner and the design of the house. Mr. Rapp submitted favorable letters from impacted neighbors. On motion of Mr. Gunther, seconded by Mr. Wexler, 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. Wexler, seconded by Mr. Gunther, the following resolutions were adopted: WHEREAS, Mr. and Mrs. S. Rapp have submitted an application to the Building Inspector, together with plans, for the proposed construction of a rear addition on the premises located at 30 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Lot 114; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the (Run of Mamaroneck Zoning Ordinance with particular reference to Sections 89-32 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Rapp 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; January 16, 1991 -9- 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. This is a corner lot burdened with two front yards. 2. The lot is irregularly shaped. 3. The addition is placed in an area that is least obtrusive to the neighbors in design. 4. The addition is in conformity with the neighborhood. 5. Two neighbors have submitted favorable letters. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 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; and 8. 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(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of rear addition on the premises located at 30 Mohan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Lot 114 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 ***** January 16, 1991 -10- APPLICATION NO. 5 - CASE 1010 The secretary read the application as follows: Application of Ms. L. Swort requesting a variance from Section 89-34 B(2) (a) to reduce the side yard from 10.0 feet required to 8.58 feet for the proposed construction of a rear addition which would increasp 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 11 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 9. Mrs. Swort appeared with William Widulski, engineer. She requested an extension of 21 feet in order to add to her kitchen and a second-floor bedroom. 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. Wexler, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Lorena Swort has submitted an application to the Building Inspector, together with plans, to construct a rear addition on the premi'es located at 11 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 9; 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, Mrs. Swort submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons cs.t 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 circumLstancc s and/or conditions applying to the land for which the variance is sought on the following grounds: January 16, 1991 -11- 1. The addition is no closer to the side lot line than is the house. 2. Enlarging the house is difficult due to the corner lot. 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 modified so as to allow the construction of a rear addition on the premises located at 11 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 9 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 1011 The secretary read the application as follows: Application of Ms. C. Van Beuren requesting a variance from Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 19.71 fct to retain a porch enclosed as a den which increases the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 1 Dante Street and known on the Tax Assessment map of the Town of Mamaroneck as Block 122 Lot 650. Mrs. Van Beuren appeared with her architect, Robert Everett. She stated that her husband has died, and she desires to sell her house. In preparation for sale she discovered that, prior to the Van Beuren's ownership in 1976, a screened porch had been enclosed without January 16, 1991 -12- authorization. The house was built in 1939; the porch was enclosed in 1971. The footprint of the house had not been changed. 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 proper 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. On motion of Mr. Kelleher, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Catherine Van Beuren has submitted an application to the Building Inspector, together with plans, to retain a porch enclosed as a den on the premises located at 1 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 650; 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(3) and 89-57; and WHEREAS, Mrs. Van Beuren 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 footprint of the structure has been in place for 51 years. 2. The porch had been enclosed as a den before the applicant bought the house. 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 January 16, 1991 -13- 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 89-35 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a porch enclosed as a den on the premises located at 1 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 650 in strict conformance with the plans filed with this application and any conditions set forth in the. 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 conopleted 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 ***** NEXT MEETING The next meeting of the Board will be February 27, 1991. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Wexler, the meeting was adjourned at 11:15 PM. Bonnie M. Burdick